Abstract

http://ssrn.com/abstract=135009
 


 



Learning from NEPA: Some Guidelines for Responsible Federal Risk Legislation


Celia Campbell-Mohn


Vermont Law School

John S. Applegate


Indiana University Maurer School of Law


Harvard Environmental Law Review, Vol. 23, p. 93, 1999

Abstract:     
The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association recommendation on risk legislation, presents eight guidelines that ought to be followed by such legislation were it to be adopted. The article also draws on the experience with the National Environmental Policy Act. Environmental impact statements are analogous to risk assessments in many (heretofore unrecognized) respects, especially the importance of distinguishing between a procedural, analytical tool for decisionmaking and a substantive, result-determinative element of rulemaking.

Number of Pages in PDF File: 46

JEL Classification: Q28, Q38

Accepted Paper Series


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Date posted: November 5, 1998  

Suggested Citation

Campbell-Mohn, Celia and Applegate, John S., Learning from NEPA: Some Guidelines for Responsible Federal Risk Legislation. Harvard Environmental Law Review, Vol. 23, p. 93, 1999. Available at SSRN: http://ssrn.com/abstract=135009

Contact Information

Celia Campbell-Mohn (Contact Author)
Vermont Law School ( email )
68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States
802-763-8303 x2214 (Phone)
802-763-2940 (Fax)
John S. Applegate
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
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