Environmental Protection Principles and Practices in Washington State

Polluter Pays Principle

  • Definition: Those who produce pollution should bear the costs to avoid, minimize, and/or mitigate it.
  • Implication: This principle ensures that if full costs for all commodities that pollute were paid, there would be no net loss of ecological function.

Point vs. Non-Point Pollution

  • Point Pollution:
    • Liability: It's easier to identify and access liable parties.
  • Non-Point Pollution:
    • Liability: More difficult to find and hold liable parties accountable.

Precautionary Principle

  • Definition: Precautionary measures should be taken when an activity threatens harm to the environment or human health, even without fully established scientific cause and effect.
  • Shift in Burden of Proof:
    • From "Innocent until proven guilty" to "Guilty until proven innocent".
    • Reduces the excuse of uncertainty for inaction until all "sound science" is available.
    • Aims to lessen risks to natural resources.

Burden of Proof in Practice

  • Implication:
    • Society should act proactively to prevent harm rather than waiting for proof of safety.

FDA Example of Precautionary Principle

  • Drugs: All new drugs must be tested before market release.
  • Pesticides: The Food Quality and Protection Act (1996) mandates pesticides must be proven safe, especially for children, or be removed from the market.

Key Elements of the Precautionary Principle

  1. Anticipatory Action: Measures taken to prevent environmental harm before it occurs.
  2. Right to Know: Public access to potential environmental harm information; the responsibility lies with project proponents.
  3. Alternatives Assessment: Obligation for proponents to explore alternatives, including a no-action option.
  4. Full Cost Accounting: Incorporates environmental impact and clean-up costs into accounting.
  5. Participatory Process: Ensures decisions are transparent and informed by sound science and relevant information.

Mitigation Process

  • Steps Include:
    • Avoid: Prevent impacts where possible.
    • Minimize: Reduce the extent of impacts that cannot be avoided.
    • Provide Compensatory Mitigation: Offset unavoidable impacts.

Compensatory Mitigation

  • Definition: A practice intended to offset unavoidable negative environmental impacts.
  • Best Management Practices (BMP):
    • Effective methods determined to mitigate environmental impacts.

Common Impacts Overview

  • Stormwater Management: Addressing runoff.
  • Road Construction: Impact management and proper drainage.
  • Land Uses:
    • Impact on forest land, grazing land, built-up land, fishing grounds, carbon footprint, and cropland.

Best Management Practices Examples

  1. Retention Ponds: For stormwater management.
  2. Allow Light Penetration: To reduce shading impacts.
  3. Proper Drainage: Essential for roadworks to minimize erosion.
  4. Reduce Greenhouse Gas Emissions: As a general practice to mitigate climate impact.