Implications of the precuationary principle for environmental regulation in the United States: examples from the control of hazardous air pollutants in the 1990 Clean Air Act amendments. (Symposium)

Law and Contemporary Problems, September, 2003 by Carruth, Russellyn S.; Goldstein, Bernard D.

INTRODUCTION

In this Article we take a cautionary approach to the Precautionary Principle. We argue that the hazardous air pollutant provisions of the 1990 Clean Air Act Amendments provide an example of the Precautionary Principle incorporated into U.S. environmental legislation. Evaluating the outcome thus far leads us to the conclusion that utilizing the Precautionary Principle as a basis for legislation can be problematic to public-health goals. Our reasons for this conclusion include the potential inhibition of the development of more effective air pollution control technology once the regulations have been written, the inhibitory effect on further research and the demonstration of health benefit, and the loss of focus on those hazardous air pollutant...

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