Hastings Environmental Law Journal Volume 5 Article 5 Number 1 Fall 1998 1-1-1998 Environmental Rationality and Judicial Review: When Benefits Justify Costs under the Safe Drinking Water Act Amendments of 1996 David W. Schnare Follow this and additional works at: https://repository.uchastings.edu/ hastings_environmental_law_journal Part of the Environmental Law Commons Recommended Citation David W. Schnare, Environmental Rationality and Judicial Review: When Benefits usJ tify Costs under the Safe Drinking Water Act Amendments of 1996, 5 Hastings West Northwest J. of Envtl. L. & Pol'y 65 (1999) Available at: https://repository.uchastings.edu/hastings_environmental_law_journal/vol5/iss1/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Environmental Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. I. Introduction it may seem callous to trade dollars against human lives, but such valuation problems are unavoidable and are clearly implied by most of the important decisions the government makes) Supreme Court Justice Stephen Breyer argues that 2 environmental regulation can, and has, gone too far He claims that some regulations written by the Environmental Protection Agency (EPA) have done Environmental more harm than good, and that without significant Rationality and restructuring of risk assessment and risk management processes, this behavior will not change.3 Justice Judicial Review: Breyer argues that three conditions cause these prob- lems.4 They are three self-reinforcing elements of a .vicious circle" consisting When Benefits Justify of public misperceptions of risk, Congressional reaction to those misperceptions, Costs Under the Safe' and technical methods misused by regulatory agen- Drinking Water Act cies.5 Perhaps he is wrong.