This section of Measure 20-373 has been weaponized as not using sound science to prove harm. 

• • Ordinance, section (d) Right to Prosecute and Remedy Violations:
    • (2) to require the government to adopt protective and effective measures to prevent and/or remedy actual and potential violation of the rights declared within this ordinance, even when there is not scientific certainty or full evidence of the risk. 

The law was written based on the precautionary principle, used by the EU, that dictates that protective action should be taken against threats of serious or irreversible environmental damage, even if scientific certainty regarding cause and effect is lacking. It shifts focus from managing harm to preventing it. 

• • Argues action should not be delayed by a lack of complete scientific evidence when potential hazards are identified.
  • Shifts the responsibility of proof from those arguing against an activity to the developers, who must prove their activities are not harmful. 
  • Actions taken should be proportional to the potential risk, allowing for measures ranging from monitoring to a total ban. 
  • International Recognition: landmark formulation is found in Principle 15 of the 1992 Rio Declaration, which states that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.