Green Means

Precautionary Principle Legislation

By Shannon Scott

           

            Precautionary actions are the foundation of public health, social welfare, and most human conduct.  Hippocrates established the first precautionary principle when he wrote, …first…do no harm.

            We have lived by such adages as An ounce of prevention is worth a pound of cure and Better safe than sorry.  We have speed limits, crosswalks, standards, rules, policies, OSHA, and legislation set forth to protect citizens. Yet when it comes to environmental decisions avoiding harm has been rejected making way for profits over people and damage cleanup, reflected in Get it while you can, and Better to seek forgiveness than ask for permission mindsets. 

            Over the past twenty years scientists, government officials and others have discussed ways to approach environmental problems that affect human, animal, and planet health using the precautionary principle.  But as yet, no U.S. environmental precautionary policies have been established.

          In 1998 a group of leading scientists, government officials (global), labor representatives, lawyers, and environmentally concerned organizations gathered at Frank Lloyd Wright designed Wingspread house in Racine, Wisconsin to discuss the precautionary principle and how it should apply to environmental protection.  The meeting at Wingspread resulted in the Wingspread Principle, some of which is stated here.

            The release and use of toxic substances, resource exploitation, and physical alterations of the environment have had substantial unintended consequences on human health and the environment. Some of these concerns are high rates of learning deficiencies, asthma, cancer, birth defects and species extinctions; along with global climate change, stratospheric ozone depletion; and worldwide contamination with toxic substances and nuclear materials.
            We believe existing environmental regulations and other decisions, particularly those based on risk assessment, have failed to adequately protect human health and the environment, as well as the larger system of which humans are but a part.
            We believe there is compelling evidence that damage to humans and the worldwide environment is of such magnitude and seriousness that new principles for conducting human activities are necessary.
            While we realize that human activities may involve hazards, people must proceed more carefully than has been the case in recent history. Corporations, government entities, organizations, communities, scientists and other individuals must adopt a precautionary approach to all human endeavors.
            Therefore it is necessary to implement the Precautionary Principle: Where an activity raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.
            In this context the proponent of an activity, rather than the public bears the burden of proof.
            The process of applying the Precautionary Principle must be open, informed and democratic, and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.

The recommended precautionary action has four parts:

1.     People have a duty to take anticipatory action to prevent harm.  In other words, if an individual or business has an inkling that some harm may come, they have an obligation to prevent it.

2.      The burden of proof of the harmlessness of a new technology, process, activity, or chemical lies with the proponents, not with the general public.  Damages suits have not deterred bad corporate behavior since all too often profit margins have already accounted for potential damages.  Before a product, chemical, or method can be used corporations must be able to prove it will cause no harm.

3.     Before using a new technology, process, or chemical, or starting a new activity, people have an obligation to examine a full range of alternatives, which in some cases may include the alternative of zero action.

4.     Decisions applying the precautionary principle must be "open, informed, and democratic" and "must include affected parties."  Corporations will be required to sit at the table with all potentially affected parties and their representatives.

            These principles have shaped environmental and public health policy in Europe and more recently in Canada.  In the US, the Science and Health Foundation (SEH) has been its leading proponent.  So why hasn’t preventing environmental degradation, in light or by prescription of the preventive principle been legislated to protect our ecosystems, greater public good, and long term economy?

            Given legislators’ reliance on lobbyists’ clients’ campaign donations, precautionary legislation would not be supported.  Any legislation that would insist on businesses first proving that their chemicals, processes, or technologies do no harm to either humans or any element of our environment would cost the companies money.  Board members and various chief executives don’t like to wait for profits to materialize.  Just like we have become a fast food nation, we are also a quick profit at the expense of the greater good nation. 

            To establish precautionary policy legislation, the public must make demands upon and reduce spending to corporations and their holdings that oppose it.  

            Before supporting any legislation ask: Will this protect and preserve our lands, waters, and people?  Is this legislation precautionary for the good of our nation’s human, environmental and economic health?  If answers are emphatically, yes, then it’s likely that proposed legislation will protect the national, common good.