Punitive Decisionmaking

Abstract

The Supreme Court’s decision in Exxon Shipping v. Baker will haunt environmental law for years to come. This article explores several of its erroneous positions. The Court’s concern about unpredictable juries is misplaced, as is the assumption that punitive damages are noncompensatory. Compensation for the Exxon Valdez oil spill was grossly inadequate. The sharing of the punitives that were so rudely removed was the sole support for many of these fishing people. The Court’s declaration that the company has been adequately deterred has no support.

This paper was part of a symposium marking the twentieth anniversary of the Exxon Valdez oil spill.

Keywords: natural resources, damages, remedies, natural resource damages, environmental law