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23 Pace Envtl. L. Rev. 3 (2005-2006)
Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems

handle is hein.journals/penv23 and id is 13 raw text is: PACE ENVIRONMENTAL LAW REVIEW Volume 23 Winter 2005-2006 Number 1 ELEVENTH ANNUAL LLOYD K. GARRISON LECTURE ON ENVIRONMENTAL LAW Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems, CASS R. SUNSTEIN* Thank you very much. It's a pleasure to be here. I had a fan- tastic afternoon on the premises. I'm really grateful for the warmth and the substantive conversations. What I'm going to be focusing these comments on is some- thing called the precautionary principle. And if you haven't heard of the precautionary principle, you will before long. The precau- tionary principle is very popular in Europe. It is an idea for or- ganizing environmental protection and regulation of risk in general. The United States in the last few years has fought hard against the precautionary principle on grounds that are occasion- ally obscure. But one thing that we can say is that the United States, in the last few years, has in one sense firmly endorsed the precautionary principle. In defending the Iraq War and many measures to fight against terrorism, the United States empha- sized that you don't need certainty that harm will occur; you 1. This is a lightly edited transcript of the lecture Professor Sunstein delivered at Pace University School of Law on April 25, 2005. The lecture drew heavily on three works: Cass Sunstein, Irreversible and Catastrophic, CORNELL L. REV. (forthcoming 2006); CAss SUNSTEIN, LAws OF FEAR: BEYOND THE PRECAUTIONARY PRINCIPLE (2005); and Cass Sunstein, Beyond the Precautionary Principle, 151 U. PA. L. REV. 1003 (2003) [hereinafter Beyond the Precautionary Principle]. * Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Univer- sity of Chicago Law School and Department of Political Science.

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