TMDL Implementation and The Precautionary Principle May 5,2004 Waterkeepers Northern California Photo courtesy USGS.

TMDL Implementation and

The Precautionary Principle

May 5,2004

Waterkeepers Northern CaliforniaPhoto courtesy USGS

Waterkeepers Northern California

Protecting the San Francisco Bay and Delta

The Precautionary Principle…

• “Look before you leap.”

• “An ounce of prevention is worth a pound of cure.”

• “Better safe than sorry.”

• “A stitch in time saves nine.”

Photo courtesy of NASA

• 1970’s - vorsorge = foresight

• 1980’s - Principle Embraced in Europe

• 1990’s - Principle Applied Internationally

• 1992 - Rio Declaration: U.S. Embraces Precautionary Principle

Photo courtesy BLM

History of the Precautionary Principle

Rio Declaration, 1992

“Where there are threats of serious or irreversible damage, lack of full

scientific certainty shall not be used as a reason for postponing

cost-effective measures to prevent environmental degradation.”

Photo courtesy NOAA

The ProblemDetermining when there is

sufficient evidence of

harm to initiate a protective

action.

Risk Assessment vs. Alternatives Assessment

– Risk Assessment

(most commonly used)• Based on acceptable risk/

assimilative capacity• Quantifies risk instead of

problem solving• Poses false dichotomy between

economics and the environment/ human health

• Allows society to bear burden of harm

“How much harm can we toleratetolerate?”

– Alternatives Assessment (called for by the Precautionary Principle)

• Examines costs and benefits of all available options

• Context: who will suffer/ pay and who will benefit

• Encourages development of alternative options/ technology

• Encourages economic growth and environmental protection

“How much harm can we avoidavoid?”

Photo courtesy Sam Sargent

Avoiding Negative

ExternalitiesPhotos Courtesy of USDA and EPA

Shifting the Burden of ProofCurrent Practice: threats that go beyond the allowable limitation identified in the risk assessment must be definitively proven by the public before actions to curtail or replace a product are taken.

Precautionary Principle: it must be demonstrated that any potential threats are acceptable in the context of all available options.

Photos courtesy of USDA and EPA

Waterkeepers would like to thank the following for their support and assistance:

• San Francisco Foundation• Katie Silberman, Esq. of the Center for

Environmental Health• Davis Baltz, M.S. of Commonweal• Jared Blumenthal, of the San Francisco

Department of the Environment• The Northern California Precautionary

Principle Working Group• Sara Hilbrich

Photo courtesy DPR