Dealing With Risk . . . : (Risk and Trust: The Role of Regulatory Agencies)

August 1986
Citation:
16
ELR 10198
Issue
8
Author
Thomas O. McGarity

Life is a risky business. In this complex technological society, we simply cannot go about our daily activities without exposing ourselves and others to risks to our health and to our shared environment. Risks lurk in our diets, in our jobs, and in our recreational activities. Fortunately, we can reduce risks by amending our conduct and by implementing risk-reduction technologies. These efforts, however, claim resources, in both time and money. Individually and collectively, we face hard choices about how much risk is acceptable and how much risk should be avoided.

William Ruckelshaus, former Administrator of the Environmental Protection Agency (EPA), has suggested that we bifurcate our examination of scientific and technological risk into two separate inquiries: risk assessment and risk management.1 A recent publication of the National Academy of Sciences (NAS) also draws this distinction.2 Risk assessment has to do with the nature and degree of risk that an activity poses to humans and the environment; risk management has to do with how an individual or society deals with risks after they have been assessed. While I do not agree with all the implications that Mr. Ruckelshaus draws from this distinction, I think that the division is a useful one for purposes of analysis.

Thomas O. McGarity is Professor of Law at the University of Texas Law School, Austin. Texas.

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Dealing With Risk . . . : (Risk and Trust: The Role of Regulatory Agencies)

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