Decisions, Science, and Values: Crafting Regulatory Alternatives Analysis

Published in Risk Analysis, (Aug. 24, 2015). DOI: 10.1111/risa.12466

UCLA School of Law Research Paper No. 15-31

Posted: 19 Sep 2015

See all articles by Timothy F. Malloy

Timothy F. Malloy

University of California, Los Angeles (UCLA) - School of Law

Ann Blake

Independent

Igor Linkov

Independent

Peter Sinsheimer

University of California, Los Angeles (UCLA) - Jonathan and Karin Fielding School of Public Health

Date Written: September 17, 2015

Abstract

Emerging “prevention-based” approaches to chemical regulation seek to minimize the use of toxic chemicals by mandating or directly incentivizing the adoption of viable safer alternative chemicals or processes. California and Maine are beginning to implement such programs, requiring manufacturers of consumer products containing certain chemicals of concern to identify and evaluate potential safer alternatives. In the European Union, the REACH program imposes similar obligations on manufacturers of certain substances of very high concern. Effective prevention-based regulation requires regulatory alternatives analysis (RAA), a methodology for comparing and evaluating the regulated chemical or process and its alternatives across a range of relevant criteria. RAA has both public and private dimensions. To a significant degree, alternatives analysis is an aspect of product design; that is, the process by which private industry designs the goods it sells. Accordingly, an RAA method should reflect the attributes of well-crafted product design tools used by businesses. But RAA adds health and environmental objectives to the mix of concerns taken into account by the product designer. Moreover, as part of a prevention-based regulatory regime, it implicates important public values such as legitimacy, equity, public engagement, and accountability. Thus, an RAA should reflect both private standards and public values, and be evaluated against them. This article adopts that perspective, identifying an integrated set of design principles for RAA, and illustrating the application of those principles.

Keywords: Alternatives analysis, alternatives assessment, chemical regulation, decision analysis, prevention-based regulation, regulatory alternatives analysis

Suggested Citation

Malloy, Timothy F. and Blake, Ann and Linkov, Igor and Sinsheimer, Peter, Decisions, Science, and Values: Crafting Regulatory Alternatives Analysis (September 17, 2015). Published in Risk Analysis, (Aug. 24, 2015). DOI: 10.1111/risa.12466; UCLA School of Law Research Paper No. 15-31. Available at SSRN: https://ssrn.com/abstract=2662250

Timothy F. Malloy (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-794-5278 (Phone)

Ann Blake

Independent ( email )

Igor Linkov

Independent ( email )

Peter Sinsheimer

University of California, Los Angeles (UCLA) - Jonathan and Karin Fielding School of Public Health ( email )

650 Charles E. Young Drive South
Los Angeles, CA 90095
United States

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