You're correct, but this policy is to enshrine a legal doctrine (rather than a statutory requirement) that harm must be allowed to occur - apparently without re

You're correct, but this policy is to enshrine a legal doctrine (rather than a statutory requirement) that harm must be allowed to occur - apparently without regard to the predictability or scope of the harm. It's like a trolley problem where one track has a large number of people about to be crushed by the trolley car, while the other track is completely empty - and SCOTUS arguing that the lever can't be pulled to divert the trolley because the accident hasn't happened yet.