"A government policy that causes "unnecessary and reasonably foreseeable" harm can be defined as follows:
"Unnecessary harm" means harms that are not essential to achieving the policy’s core objective, and which could have been avoided through reasonable alternative designs or implementations. For example, if building a highway requires demolishing a home, that demolition is a necessary harm. However, if the chosen route displaces more homes than reasonably required, the excess displacement constitutes unnecessary harm.
"Reasonably foreseeable" harm means harms that, at the time the policy is enacted, could be predicted with a material likelihood of occurring based on the information then available. This excludes remote, speculative, or trivial risks."