Precaution in practice: A framework for implementing the precautionary principle

This research develops a framework and set of procedures to implement the precautionary principle in environmental decision-making in the United States. The principle was developed to guide decision-makers where threats of serious harm existed, vet scientific evidence was insufficient to determine their specific type and magnitude. While its interpretation and implementation have been debated m Europe for two decades, discussions about the principle are just beginning m the United States. Given substantial differences in the American environmental regulatory system, there is a need to translate precaution into a U.S. context.; The precautionary principle is conventionally discussed as containing two main components: action in the face of uncertainty; and placing the burden of proof on proponents of potentially harmful activities. These components are examined through case study analyses of the Institute of Medicine Committee on Agent Orange and the New Chemicals Program under the Toxic Substances Control Act, including how they have been implemented and lessons for effectively applying them in environmental policy.; After, the ways m which science and policy interact to influence the implementation of precautionary principle are examined. It is argued that implementation of the precautionary principle demands changes in both the way risk management decisions are made and the way science is generated for public policy. These include broader hypotheses and interdisciplinary methods as well as explicitness about uncertainties.; The two main components of the precautionary principle lead its interpretation as reactive, based on analyzing and responding to problems rather than proactively seeking solutions. This runs counter to its origins m the German Vorsorgeprinzip, meant to stimulate careful planning and innovation. Following the Wingspread Conference on the Precautionary Principle, two additional components have been added, to ensure both the principle's anticipatory analysis and preventive planning functions: assessment of alternatives and democratic decision-making structures. These refocus environmental policy on seeking prevention opportunities and increase the information base and legitimacy of decision-making processes. These components are analyzed, including examples of their implementation in environmental decision-making.; A framework and procedural steps to embed precaution in environmental decision-making---precautionary assessment---are detailed. Influences, barriers, and opportunities for implementing such a structure m United States environmental regulatory policy are discussed. It is concluded that broad implementation of the precautionary principle in this country will require important changes in the conduct of environmental science and policy, as well as political mandates for government agencies and businesses to act in a precautionary manner.