42. The speaker argues that because scientists continually shift viewpoints about how
our actions affect the natural environment, companies should not change their products
and processes according to scientific recommendations until the government requires
them to do so. This argument raises complex issues about the duties of business and
about regulatory fairness and effectiveness. Although a wait-and-see policy may help
companies avoid costly and unnecessary changes, three countervailing considerations
compel me to disagree overall with the argument.
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,
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