Cost-Benefit Analysis Prevents Errors in Environmental Regulatory Decisions

Editor’s Note: Gabriel Wedy is a Brazilian Federal Judge, PhD and Master in Law.  He is also a Visiting Scholar at Sabin Center for Climate Change Law at Columbia Law School – USA and a Professor of Environmental Law Coordinator at the School of Magistratura- Esmafe / RS. The text below has been translated. Judge Wedy’s original Portuguese text of  is available here.

From: Consultor Jurídico

Por Gabriel Wedy

The cost-benefit analysis procedure is used bEditor’s Note: Gabriel Wedy is a Brazilian Federal Judge, PhD and Master in Law.  He is also a Visiting Scholar at Sabin Center for Climate Change Law at Columbia Law School – USA and a Professor of Environmental Law Coordinator at the School of Magistratura- Esmafe / RS. The text below has been translated. Judge Wedy’s original Portuguese text of  is available here.y the US government and federal agencies in environmental regulation in order to avoid wrong decisions, unbiased and causing injury. It is a powerful antidote to behavioral biases that affect decision-making.

Examples of this nefarious practice occur in bureaucratic and intuitive decisions, not just the federal, state and municipal executive branch in Brazil, but the Judiciary itself. Finally, the law applies, or run up the measure, without considering them costs this. Classic example is the application of the principles of precaution and prevention for the protection of the environment without an accurate analysis of the cost-effectiveness of the measure.

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