Regulatory Design for Scientific Uncertainty: Acknowledging the Diversity of Approaches in Environmental Regulation and Public Administration

Environmental regulatory design addresses scientific uncertaintythrough a range of regulatory design tools. The seven approachesidentified and considered in this article are termed (1) theacknowledgement of scientific uncertainty (2) the burden shiftingapproach (3) the ‘sound science’ approach (4) theconsequences approach (5) the consensus approach (6) the estimationapproach and (7) the adaptive management approach. Analysisof some common environmental legislative frameworks suggeststhat, rather than occurring in isolation, these seven approachesare frequently incorporated into legislative regimes in a multitudeof combinations. The article also highlights the implicationsof expressly embedding a precautionary approach within pre-existingenvironmental regulatory frameworks, such as has occurred withinAustralian environmental regimes. Finally, the article exploresthe advantages and disadvantages of each approach and the variouscircumstances that favour the adoption of a particular regulatoryapproach to scientific uncertainty. In doing so, it suggestsan agenda for future empirical research on approaches to regulatorydesign for scientific uncertainty.