Dealing With Risk . . . : (Panel Discussion III)

August 1986
Citation:
16
ELR 10216
Issue
8
Author
Henry Nickel, William A. Anderson II, Kenneth R. Feinberg, and Nicholas C. Yost

HENRY NICKEL: The objective of Professor Stewart's idealized risk management system is simply to do more good than harm. That is not a very radical notion; unfortunately, our statutes do not currently operate to ensure this result in every case.

To determine whether a particular course of action will produce more good than harm, agencies must look at the economic expenditures involved and at the entire spectrum of risks that will be created by a decision to proceed or not to proceed in a particular manner.

HENRY NICKEL, Esq., Hunton & Williams, Washington, D.C.

WILLIAM A. ANDERSON II, Esq., Bracewell & Patterson, Washington, D.C.

KENNETH R. FEINBERG, Esq., Kaye, Scholer, Fierman, Hayes & Handler, Washington, D.C.

NICHOLAS C. YOST, Esq., Member Standing Committee on Environmental Law; Center for Law in the Public Interest, Washington, D.C.

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