Le rôle des incertitudes dans la prise de décisions aux États-Unis. Le réchauffement climatique au prétoire

摘要

The American Federal Environmental rules do not lay down restrictions of the Greenhouse gas’s emissions. The federal legislative silence in this matter is mainly due to the existence of uncertainties and to the high costs of an organized federal action. The inaction is also due to the fact that the administration does not interpret the scientific uncertainties in a proper precaution context. This decision asks the question of whether a legislative silence must be underlined by the Courts and if so how. This decision must be considered as a part of a general movement of jurisprudence aiming to find solutions to an Environmental problem in the absence of federal rules on the global warming. It proposes a new approach of the Precaution Principle. The judges, from now, could have the power to interpret in a more open mind way the scientific uncertainties and thus make the Federal authorities take a strong action against the global warming.