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