The risks of risk-based regulation: insights from the environmental policy domain.

Risk-based regulation has become increasingly popular in recent years. Proponents argue that it facilitates robust governance, contributing to efficient and effective use of regulatory resources and delivering interventions in proportion to risk. Critics contend that the challenges of operationalising risk-based governance mitigate its potential benefits. In this paper we start by considering what we mean by risk-based governance and discuss some of the factors shaping the adoption of such strategies. We then consider the development and operation of risk-based approaches in the environmental policy domain, focusing specifically on the regulation of contaminated land and radioactive waste. We argue that whilst risk-based approaches can offer important benefits, they face a range of epistemic, institutional and normative challenges that can play an important role in shaping the way that organisations manage both risks to society and their own institutional risks. This has profound implications for achieving regulatory objectives and, for this paper, the environmental outcomes that the regulations are designed to deliver.

Characterizing environmental harm: developments in an approach to strategic risk assessment and risk management.

Environmental policymakers and regulators are often in the position of having to prioritize their actions across a diverse range of environmental pressures to secure environmental protection and improvements. Information on environmental issues to inform this type of strategic analysis can be disparate; it may be too voluminous or even absent. Data on a range of issues are rarely presented in a common format that allows easy analysis and comparison. Nevertheless, judgments are required on the significance of various environmental pressures and on the inherent uncertainties to inform strategic assessments such as "state of the environment" reports. How can decisionmakers go about this type of strategic and comparative risk analysis? In an attempt to provide practical tools for the analysis of environmental risks at a strategic level, the Environment Agency of England and Wales has conducted a program of developmental research on strategic risk assessment since 1996. The tools developed under this program use the concept of "environmental harm" as a common metric, viewed from technical, social, and economic perspectives, to analyze impacts from a range of environmental pressures. Critical to an informed debate on the relative importance of these perspectives is an understanding and analysis of the various characteristics of harm (spatial and temporal extent, reversibility, latency, etc.) and of the social response to actual or potential environmental harm from a range of hazards. Recent developments in our approach, described herein, allow a presentation of the analysis in a structured fashion so as to better inform risk-management decisions.

Current directions in the practice of environmental risk assessment in the United Kingdom.

The manner in which regulators apply environmental risk assessment to their decisions on managing risk is changing. Expectations of risk assessment work are becoming clearer, the social issues agenda is having an impact on risk assessment practice, and there is a trend toward harmonizing approaches to the treatment of environmental risk. For risk analysts, the multiplicity of environmental problems is providing opportunities for the transfer of expertise between the different contexts of applying environmental risk assessment. With the latter as a focus, we summarize recent policy developments in the United Kingdom and illustrate how Government guidance on environmental risk assessment and management is being implemented. We emphasize the need for proportionality in risk analysis, the targeting of regulatory effort to risk, and the explicit treatment of uncertainty. These developments are contributing toward better "risk-informed" environmental decisions in which risk analysis plays an important part alongside other considerations. The forward agenda is likely to see further practical integration between technical risk issues and economic and social concerns, and the positioning of environmental risk assessment within a broader landscape of decision-making tools.