The Caravan Rolls On

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/68409/2/10.1177_107554707900100103.pd

THE COURTS AND RISK ASSESSMENT -super-1

In the past decade the federal courts have come to play an important role in reviewing agency decision-making on prospective risks. Questioning the conventional wisdom that judges are poorly equipped for the task, the authors outline the range of choices facing courts in such cases and contend that they cannot avoid making ultimate decisions on risk policy. However, recent Supreme Court cases on nuclear hazards and occupational benzene indicate narrowing of the scope for judicial review. Copyright 1982 by The Policy Studies Organization.

SCIENTIFIC FACT AND VALUE IN U.S. OCEAN DUMPING POLICY

Controversy among scientists over appropriate use of the ocean for waste disposal impedes U.S. policy in this area. The problem arises in part because scientific uncertainty over the fate and effects of wastes released into the ocean requires a large element of judgment, and hence value, when the uncertain science is applied to policy. Scientists often supply that judgment and so impose their values, though seldom explicitly, on policy. Further, science often determines policy because many perceive it as an objective basis for decisionmaking and so less subject to the debate that arises from weighing public preferences in policymaking. Thus, scientists' values rather than the public's come to set policy. The resulting policy may elevate one expert's values over another's. Then as values and so interpretation of science shift, policy changes. Or, as in the case now with arguments over the ocean's ability to assimilate many anthropogenic wastes, conflicting science, really conflicting values, results in an agreement and policy inertia. These problems are partially circumvented when scientists make the nonscientific factors behind their reasoning clear. These factors may then be evaluated by the public along with the supporting scientific evidence. Thus, weighing the welfare of society rather than resolving conflicts among scientists becomes the focus of policy. Copyright 1986 by The Policy Studies Organization.