The development and status of the precautionary principle in the United States

Introduction

That the US view of the precautionary principle differs significantly from the view advocated by the EU is apparent from recent international trade conflicts, as well as from the official rhetoric from both sides of the Atlantic. The American authorities tend to argue that the EU version of the precautionary principle slows down scientific and technological development and hinders international trade. Where the EU is seen as risk averse, the USA appears to require firm scientific evidence of harm before recognising the need for regulation. Babich has held that the American mentality is not predisposed to precautionary considerations:

In the same vein, the New York Times held in 2003 that ‘precaution is for Europeans’.

However, the facts do not seem to match the rhetoric. In fact, historically, the USA has acted in as precautionary a manner as the EU, if not more so. US environmental legislation of the 1970s went a long way to establishing a form of the precautionary principle in many areas. Agencies and courts have interpreted statutes in order to afford precautionary considerations even greater weight. Applegate has held that: