In a 2008 case before the Supreme Court regarding older power plants and how best to protect fish and aquatic organisms, Justice David Souter remarked, "The difficulty that I have is if you are going to apply . . . a cost-benefit analysis, I'm not sure how it would work. Are a thousand plankton worth a million dollars?" Justice Souter's question points out the difficulty of

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Justice Souter's question highlights the challenge of quantifying nonmarket or intangible benefits and costs, such as the environmental impact on plankton, in a cost-benefit analysis.

In a 2008 Case Before the Supreme Court Regarding Older