Precautionary Principle

Walking the Green Line

Miami, February 6, 2009; Orlando, February 10, 2009.

The Center for Earth Jurisprudence (CEJ) partnered with Science and Environmental Health Network (SEHN) to conduct a conference and workshop at both CEJ branches in Miami and Orlando that explored the precautionary principle and expanding its incorporation into law and policy, from federal legislation to local ordinances. SEHN executive director Carolyn Raffensperger made a case for a precautionary approach that would heed early warnings (for example, higher-than-average rates of autism), examine alternatives to damaging practices and shift existing burdens of proof in legal texts. Dr. Ted Schettler, SEHN’s science director, discussed types and degrees of scientific uncertainty, what can and cannot be proven and the types of error - and resulting harm to health and environment - that are embedded in legislation as a consequence. SEHN legal director Joseph Guth took a trenchant approach to complex legislation, stripping it of confusion and isolating tests that elucidate underlying assumptions.

Local experts also presented their perspectives regarding application of the precautionary principle at local level. In Miami, Richard Grosso, executive director of the Everglades Law Center, law professor and environmental litigator, guided the discussion, which featured presentations by Kelly Brooks, of Lehtinen Riedi Brooks Moncarz; Carlos Espinosa, director of the Department of Environmental Resources Management; and Katy Sorenson, Miami-Dade County commissioner. In Orlando, Robert D. Guthrie, senior assistant county attorney of the Orange County Attorney’s Office, led the session, which featured Linda W. Chapin, director of the Metropolitan Center for Regional Studies, University of Central Florida; Anthony J. Cotter of GrayRobinson, P.A.; and Lori Cunniff, CEP, CHMM, manager of the Orange County Environmental Protection Division.

Hear two of the presenters discuss possible solutions to the current environmental challenges facing Florida today: “Intersection” radio host Mark Simpson talks with Carolyn Raffensperger and environmental attorney Tony Cotter about the precautionary principles and how it could work in Florida at http://www.wmfe.org/site/News2?page=NewsArticle&id=9221&news_iv_ctrl=1441.