SUMMARY

United States federal agencies charged with protection of human health and the environment, such as the United States Environmental Protection Agency, aspire to use “best available science,” “follow the science,” and make decisions based on the “weight of the evidence.” However, risk-based regulatory decisions often are judgment calls and even policy choices that depend on how the decision-maker looks at and weighs the scientific evidence through the lens of programmatic or even personal preferences. Agencies must take action even in the absence of definitive science and often are given significant discretion when making risk-based decisions. However, courts may pay close attention to statutory language that puts constraints on how agencies are to exercise their discretion. The purpose of this brief essay is to explain to the risk assessment community how risk assessments are used in agency decision-making. I then discuss how courts may review risk-based agency decisions and the potential implications for per- and polyfluoroalkyl substances regulatory actions that are currently being challenged in court.

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