Practicing Precaution and Adaptive Management: Legal, Institutional and Procedural Dimensions of Scientific Uncertainty

Abstract

This multi-author report is the product of collaborative interdisciplinary research about the use of the precautionary and adaptive management principles in administrative decision-making when faced with scientific uncertainty. Using four case studies about genetically modified organisms, pesticides, fisheries and invasive species, the report discusses (i) how the principles of precaution and adaptive management are understood and applied; (ii) how their introduction might affect the operation of traditional administrative law values (fairness, legitimacy and effectiveness); and, (iii) how the new principles may be most appropriately accommodated within the general framework of administrative law values. The authors observe that the precaution, adaptive management and administrative law principles must be framed and applied in a way that reflects the social values that support their existence, and will thus be influenced by the context in which administrative decisions are made. The report concludes with recommendations for standards of review in administrative law, accounting for various factors: expertise, participation, evidentiary and other procedural rules and mechanisms for review and accountability.