THE COURTS AND RISK ASSESSMENT1

In: Review of Policy Research, Band 1, Heft 4, S. 716-727

Abstract

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.