precautionary principle decision making in the face of scientific uncertainty precautionary...
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Precautionary PrinciplePrecautionary Principle
Decision Making in the Decision Making in the Face of Scientific Face of Scientific
UncertaintyUncertainty
Debbie RaphaelDebbie RaphaelToxics Reduction Program ManagerToxics Reduction Program Manager
[email protected]@sfgov.org
(415) 355-3711(415) 355-3711
The Precautionary The Precautionary PrinciplePrinciple
Transforming the way we make Transforming the way we make
decisionsdecisions
The Precautionary ApproachThe Precautionary Approach
It is It is NOTNOT sufficient to ask: sufficient to ask:Is it legal?Is it legal?Is it safe?Is it safe?
We also We also MUSTMUST ask: ask:
Is it necessary?Is it necessary?
False sense of securityFalse sense of security
““If it’s legal to buy… If it’s legal to buy… it must be safe to use”it must be safe to use”
Scientific UncertaintyScientific Uncertainty“Ignorance is Bliss”“Ignorance is Bliss”
80,000 chemicals in commerce80,000 chemicals in commerce
Only 10% have “complete” informationOnly 10% have “complete” information
The Public ProcessThe Public Process
Direction from elected officialsDirection from elected officials 18 months of public meetings18 months of public meetings Bay Area Working Group on Bay Area Working Group on
the Precautionary Principle the Precautionary Principle – NGO’s– NGO’s
Input from business groupsInput from business groups– Committee on Jobs, Chamber of Commerce, Labor Committee on Jobs, Chamber of Commerce, Labor
Unions, American Chemistry CouncilUnions, American Chemistry Council
Consultation with subject matter Consultation with subject matter expertsexperts
Moving From Moving From Theoretical Principle to Theoretical Principle to
Practical PolicyPractical Policy
Alternatives AssessmentAlternatives Assessment
Mary O’BrienMary O’BrienMaking Better Environmental Making Better Environmental
Decisions: Decisions:
An Alternative to Risk AssessmentAn Alternative to Risk Assessment
The Precautionary The Precautionary ApproachApproach
Risk AssessmentRisk Assessment- What is an acceptable level of harm? - What is an acceptable level of harm? (i.e. # of cancers in 1000 people)(i.e. # of cancers in 1000 people)- Does this activity or product - Does this activity or product fall within that acceptable level?fall within that acceptable level?- Single activity considered- Single activity considered
Alternatives AssessmentAlternatives Assessment- Is this potentially hazardous activity (product) necessary?- Is this potentially hazardous activity (product) necessary?- What less hazardous options are available?- What less hazardous options are available?- How little damage is possible?- How little damage is possible?- Multiple activities compared- Multiple activities compared
Instead of asking:Instead of asking:
"How much harm "How much harm will be allowed?”will be allowed?”
San Francisco decision-makers San Francisco decision-makers will ask:will ask:
"How little harm is "How little harm is possible?"possible?"
The Precautionary Principle The Precautionary Principle does not does not
pre-determine an outcomepre-determine an outcome
It creates a process.It creates a process.
San Francisco’s San Francisco’s Precautionary Principle Precautionary Principle
OrdinanceOrdinance
Chapter One of newly formed Chapter One of newly formed Environment Code – over arching principle.Environment Code – over arching principle.
- For complete text see:- For complete text see: www.sfenvironment.orgwww.sfenvironment.org
Five Tenets Define a Mechanism for Five Tenets Define a Mechanism for ImplementationImplementation
Duty to take Duty to take anticipatory action to anticipatory action to prevent harmprevent harm
Historically, environmentally harmful Historically, environmentally harmful activities have only been stopped after activities have only been stopped after they have manifested extreme they have manifested extreme environmental degradation or exposed environmental degradation or exposed people to harm.people to harm.
Waiting Too Long?Waiting Too Long?• Lead in gasoline, paintLead in gasoline, paint
• Asbestos in building materialsAsbestos in building materials
• TobaccoTobacco
• PCB’s, DDT, CFC’sPCB’s, DDT, CFC’s
• PVC, PVC,
• Brominated Flame RetardantsBrominated Flame Retardants
• Global WarmingGlobal Warming
• GMO’sGMO’s
Right to know complete Right to know complete and accurate and accurate informationinformation
Burden to supply this information lies with Burden to supply this information lies with the proponent not the general publicthe proponent not the general public
- Potential human health and environmental Potential human health and environmental impacts are often not disclosed or even knownimpacts are often not disclosed or even known
- Example: Mercury content of fluorescent - Example: Mercury content of fluorescent bulbsbulbs
Duty to examine a full range Duty to examine a full range of alternatives, of alternatives, including doing including doing nothingnothing
- - Obligation to select alternative with Obligation to select alternative with least potential negative impactleast potential negative impact
- Selecting which alternatives are - Selecting which alternatives are considered and selected is a considered and selected is a political/ public decisionpolitical/ public decision
- Example: Alternatives to pre-emergent - Example: Alternatives to pre-emergent pesticidespesticides
Must consider the full range Must consider the full range of costs, including costs of costs, including costs outside the initial priceoutside the initial price
- All reasonable foreseeable costs: - All reasonable foreseeable costs: raw materials, transportation, raw materials, transportation, manufacturing, clean up, manufacturing, clean up, disposaldisposal
Decisions must be Decisions must be transparent, participatory, transparent, participatory, and informed by the best and informed by the best available informationavailable information
- - Locally or internationally the public bears the Locally or internationally the public bears the ecological and health consequences of ecological and health consequences of these decisions. these decisions. Environmental DemocracyEnvironmental Democracy
- - Example: Determination of “Targeted Example: Determination of “Targeted Product Categories” in Purchasing Ord.Product Categories” in Purchasing Ord.
Implementation Implementation San FranciscoSan Francisco
Arsenic Treated WoodArsenic Treated Wood
– Demonstrated presence of arsenic, known cancer Demonstrated presence of arsenic, known cancer effects (CCA)effects (CCA)
– Evaluation of health and environmental impacts of Evaluation of health and environmental impacts of constituents revealed less toxic formulations exist constituents revealed less toxic formulations exist and meet performance needs (ACQ, CBA, CA)and meet performance needs (ACQ, CBA, CA)
– Identified cases where arsenic treated wood is the Identified cases where arsenic treated wood is the most environmentally preferable formulation of most environmentally preferable formulation of pressure treated wood pressure treated wood i.e. submerged saltwater aquatici.e. submerged saltwater aquatic
New RegulationsNew Regulations- - Purchasing OrdinancePurchasing Ordinance- Green Building Standards- Green Building Standards
New Avenues for DiscussionNew Avenues for Discussion- - Recycled WaterRecycled Water- Power Plant Development- Power Plant Development- Links to Environmental Justice- Links to Environmental Justice- Land Use/Zoning Decisions- Land Use/Zoning Decisions- More possibilities- More possibilities
The Precautionary The Precautionary PrinciplePrinciple
≠≠ Zero riskZero risk
≠≠ Zero scienceZero science
≠≠ Loss of jobsLoss of jobs
≠ ≠ Predetermined Predetermined outcome outcome (i.e. ban)(i.e. ban)
== Minimize harmMinimize harm
== Maximize info./scienceMaximize info./science
== Increase innovationIncrease innovation
= = Transparent Process Transparent Process for public decision for public decision makingmaking
Re-defining the Central Re-defining the Central Question for Decision MakersQuestion for Decision Makers
It is It is NOT NOT sufficient to ask:sufficient to ask:Is it legal?Is it legal?Is it safe?Is it safe?
We also We also MUSTMUST ask: ask:Is it necessary?Is it necessary?
It’s our planetIt’s our planet
It’s our future.It’s our future.
Historical Historical Perspective Perspective
Germany 1970’sGermany 1970’sVorsorge-prinzipVorsorge-prinzip
Black Forest die-off of treesBlack Forest die-off of trees German Government suspects acid-rain German Government suspects acid-rain
from coal burning power plantsfrom coal burning power plants Can’t prove cause and effectCan’t prove cause and effect Invokes “Vorsorge” Invokes “Vorsorge”
(foresight) to regulate (foresight) to regulate emissionsemissions
Rio Earth Summit 1992 Rio Earth Summit 1992 Principle 15Principle 15
In order to protect the environment, In order to protect the environment, the precautionary approach shall be the precautionary approach shall be widely applied by States according widely applied by States according to their capabilities. Where there to their capabilities. Where there are threats of serious or irreversible are threats of serious or irreversible damage, lack of full scientific certainty damage, lack of full scientific certainty shall not be used as a reason for shall not be used as a reason for postponing cost-effective measures to postponing cost-effective measures to prevent environmental degradation.prevent environmental degradation.
Wingspread ConferenceWingspread Conference19981998
Where an activity raises threats of harm to the Where an activity raises threats of harm to the environment or human health, precautionary environment or human health, precautionary measures should be taken even if some cause and measures should be taken even if some cause and effect relationships are not fully established effect relationships are not fully established scientifically. scientifically.
In this context the proponent of an activity, rather In this context the proponent of an activity, rather than the public bears the burden of proof. than the public bears the burden of proof.
The process of applying the Precautionary Principle The process of applying the Precautionary Principle must be open, informed and democratic, and must must be open, informed and democratic, and must include potentially affected parties. It must also include potentially affected parties. It must also involve an examination of the full range of involve an examination of the full range of alternatives, including no action.alternatives, including no action.
City of San Francisco City of San Francisco 20032003
Where threats of serious Where threats of serious or irreversible damage to or irreversible damage to people or nature exist, lack of full people or nature exist, lack of full scientific certainty about cause and scientific certainty about cause and effect shall not be viewed as sufficient effect shall not be viewed as sufficient reason for the City to postpone cost reason for the City to postpone cost effective measures to prevent the effective measures to prevent the degradation of the environment or degradation of the environment or protect the public health of its citizens.protect the public health of its citizens.
Sweden: Chemical Sweden: Chemical Products ActProducts Act
A scientifically based suspicion that a A scientifically based suspicion that a chemical may cause damage is enough chemical may cause damage is enough for taking regulatory actions. for taking regulatory actions. The uncertainty that might The uncertainty that might arise from the hazard of using arise from the hazard of using such a chemical shall not be such a chemical shall not be carried by the general public carried by the general public but shall fall upon those who but shall fall upon those who want to market the product.want to market the product.