Dealing With Risk . . . : (The Role of the Courts in Risk Management)

August 1986
Citation:
16
ELR 10208
Issue
8
Author
Richard B. Stewart

My topic is a large one, and I cannot hope to cover it in detail. Instead, I shall offer a sketch of an idealized environmental risk management system and ask how the courts have contributed or might contribute to its realization. I shall focus on three specific contexts in which courts participate in environmental risk management: review of administrative action, particularly of federal regulatory action (or inaction); actions in the first instance for injunctive relief against claimed environmental hazards; and actions for compensatory damages. Although the bulk of experience to date has been in areas other than nuclear power, hazardous waste cleanup, toxic torts and biotechnology, I shall cite occasional examples from these fields to illustrate the extent of the contribution we can expect realistically from the courts in dealing with problems of environmental risk management.

Richard B. Stewart is Byrne Professor of Administrative Law and Associate Dean of the Harvard Law School.

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