First, a regulatory system of environmental protection might not operate equitably. At first glance, a wait-and-see response might seem fair in that all companies would be subject to the same standards and same enforcement measures. However, enforcement requires detection, and while some violators may be caught, others might not. Moreover, a broad regulatory system imposes general standards that may not apply equitably to every company. Suppose, for example, that pollution from a company in a valley does more damage to the environment than similar pollution from a company on the coast. It would seem unfair to require the coastal company to invest as heavily in abatement or, in the extreme , to shut down the operation if the company cannot afford abatement measures.
Secondly, the argument assumes that the government regulations will properly reflect scientific recommendations. However, this claim is somewhat dubious. Companies with the most money and political influence, not the scientists, might in some cases dictate regulatory standards. In other words, legislators may be more influenced by political expediency and campaign pork than by societal concerns.
Thirdly, waiting until government regulations are in place can have disastrous effects on the environment. A great deal of environmental damage can occur before regulations are implemented. This problem is compounded whenever government reaction to scientific evidence is slow. Moreover, the EPA might be overburdened with its detection and enforcement duties, thereby allowing continued environmental damage by companies who have not yet been caught or who appeal penalties.
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