Fairness And Justice In Environmental Decision Making

By crossing disciplinary boundaries, this book uniquely connects theories of justice with people's lived experience within social conflicts over resource sharing. It shows why some conflicts, such as local opposition to wind farms and water disputes, have become intractable social problems in many countries of the world. It shows the power of injustice in generating opposition to decisions. The book answers the question: why are the results of many government initiatives and policies not accepted by those affected? Focusing on two social conflicts over water sharing in Australia to show why fairness and justice are important in decision-making, the book shows how these conflicts are typical of water sharing and other natural resource conflicts experienced in many countries around the world, particularly in the context of climate change. It tells the stories of these conflicts from the perspectives of those involved. These practically-based findings are then related back to ideas and constructs of justice from disciplines such as social psychology, political philosophy and jurisprudence. With a strong practical focus, this book offers readers an opportunity to develop a deep understanding of fairness and justice in environmental decision-making. It opens up a wealth of fairness and justice ideas for decision-makers, practitioners, and researchers in natural resource management, environmental governance, community consultation, and sustainable development, as well as people in government and corporations who interface and consult with communities where natural resources are being used.

Concepts of justice and the distribution of public resources have been an important aspect of social debate for centuries. Finding fair and just allocations of natural resources remains a major preoccupation for national governments and their constituent communities. Yet Australian governments, despite their long history of dealing with resource use conflicts, have largely failed to establish lasting legal or institutional frameworks in which resources are allocated in ways that are seen as equitable, fair and just. Where such allocations or decisions are perceived as unjust, underlying social tensions can emerge and result in social conflict. This study examines two such social conflicts in which communities expressed dissatisfaction with government plans and decisions through organized protests. The first case study explores community reactions to a 2006 NSW government action to cut a water allocation in the Murray Irrigation District. The second investigates community reactions to the Victorian government's North South Pipeline and Food Bowl Modernisation Project initiated in 2007. This study investigates these conflicts from a justice perspective, concentrating on notions of fairness and justice. Using a transdisciplinary investigative framework the thesis explores these notions through stakeholder perceptions of procedural justice and distributive justice. Procedural justice is concerned with the fairness of elements of the decision-making process and distributive justice with the outcome or decision. The study aims to find out how people perceive fairness and justice within the social context of the decision-making process and how these perceptions contribute to their acceptance of an outcome. The study also explores how better outcomes might be achieved. The study finds that justice and fairness are critical in determining people's acceptance of, or opposition to, a decision. Participants discussed conceptions of fairness or a sense of justice invoked when they perceived unfairness or injustice to themselves or others. The study also finds that people distinguish between the terms fairness and justice, with the former being concerned with how individuals treat each other on a day-to-day basis and the latter with the legal system and outcomes. The importance of injustice in any consideration of fairness and justice is shown in the way people felt they were treated during the decision-making processes and in the proposed or actual outcomes. Stakeholders experienced a variety of ways in which the process or outcome affected their lives: these included material, social and personal effects. A diversity of motivations for seeking justice emerged, including protection of livelihood and property rights, protection of community interests, maintaining environmental integrity, and justice as a means of valuing people's contribution to society. The thesis relates these findings to justice theories. Distinctions between justice and injustice are discussed: the thesis argues that justice can be conceptualised as an active process which prevents or remedies perceived injustice. The thesis explains why justice is important, not only to those directly affected by a decision, but also to those indirectly affected or onlookers. The thesis finds that in order for resource allocation decisions to be perceived as fair and equitable the three constructs of justice - distributive, procedural and interactional - are all required. A principal finding is that procedural justice and interactional justice are important in determining the acceptance of outcomes because they deliver things that people feel they are entitled to, such as respect, information and recognition of their right to be involved in a decision-making process. The thesis suggests the development of analytical tools based on justice constructs that can be used in decision-making processes in a proactive way to increase the acceptance of the outcome: theories of justice can be seen as a means and an end. Finally, the thesis explains why a theory of justice is required in decision-making within natural resource management.

This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.

Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.

Environmental justice aspires to a healthy environment for all, as well as fair and inclusive processes of environmental decision-making. In order to develop successful strategies to achieve this, it is important to understand the factors that shape environmental justice outcomes. This optimistic, accessible and wide-ranging book contributes to this understanding by assessing the extent of, and reasons for, environmental justice/injustice in seven diverse countries - United States, Republic of Korea (South Korea), United Kingdom, Sweden, China, Bolivia and Cuba. Factors discussed include: race and class discrimination; citizen power; industrialisation processes; political-economic context; and the influence of dominant environmental discourses. In particular, the role of capitalism is critically explored. Based on over a hundred interviews with politicians, experts, activists and citizens of these countries, this is a compelling analysis aimed at all academics, policy-makers and campaigners who are engaged in thinking or action to address the most urgent environmental and social issues of our time.

Environmental Dilemmas focuses on the ethical problems and dilemmas that emerge in place-based professional practices_architecture, landscape architecture, planning, engineering, and construction management. Mugerauer and Manzo connect decision-making to major ethical theories, principles, and rules, and professional codes of ethics.

This book discusses whether and to what extent there are widespread injustices and inequities caused by the distribution of environmental hazards in America today.

As demand for natural resources increases due to the rise in world population and living standards, conflicts over their access and control are becoming more prevalent. This book critically assesses different approaches to and conceptualizations of resource fairness and justice and applies them to the analysis of resource conflicts. Approaches addressed include cosmopolitan liberalism, political economy and political ecology. These are applied at various scales (local, national, international) and to initiatives and instruments in public and private resource governance, such as corporate social responsibility instruments, certification schemes, international law and commodity markets. In doing so, the contributions contrast existing approaches to fairness and justice and extend them by taking into account the interplay between political scales, regions, resources, and power structures in "glocalized" resource politics. Various case studies are included concerning agriculture, agrofuels, land grabbing, water resources, mining and biodiversity. The volume adds to the academic and policy debate by bringing together a variety of disciplines and perspectives in order to advance both a research and policy agenda that puts notions of resource fairness and justice center-stage.

There is mounting evidence that, depending on social and economic circumstances, some communities and groups may face disproportionate exposure to environmental hazards, bear an inequitable share of the costs associated with environmental policies or face more barriers to participating in environmental decision-making. As countries increase their efforts to tackle environmental degradation, pollution and climate change, the concept of environmental justice can shed light on how to ensure fairness in the processes and outcomes of environmental policymaking. This report examines the plurality of the concept of environmental justice, its underlying conceptual pillars and how it has emerged in different contexts around the world. The report also provides the first policy stocktake of how governments across the OECD and beyond are seeking to redress environmental justice concerns, building upon insights from 26 responses to the OECD Environmental Justice Survey as well as complementary desk analysis across a broader set of countries.

A systematic evaluation of the implementation of the federal government's environmental justice policies. In the 1970s and 1980s, the U.S. Congress passed a series of laws that were milestones in environmental protection, including the Clean Air Act and the Clean Water Act. But by the 1990s, it was clear that environmental benefits were not evenly distributed and that poor and minority communities bore disproportionate environmental burdens. The Clinton administration put these concerns on the environmental policy agenda, most notably with a 1994 executive order that called on federal agencies to consider environmental justice issues whenever appropriate. This volume offers the first systematic, empirically based evaluation of the effectiveness of the federal government's environmental justice policies. The contributors consider three overlapping aspects of environmental justice: distributive justice, or the equitable distribution of environmental burdens and benefits; procedural justice, or the fairness of the decision-making process itself; and corrective justice, or the fairness of punishment and compensation. Focusing on the central role of the Environmental Protection Agency, they discuss such topics as facility permitting, rulemaking, participatory processes, bias in enforcement, and the role of the courts in redressing environmental injustices. Taken together, the contributions suggest that—despite recent environmental justice initiatives from the Obama administration—the federal government has largely failed to deliver on its promises of environmental justice. Contributors Dorothy M. Daley, Eileen Gauna, Elizabeth Gross, David M. Konisky, Douglas S. Noonan, Tony G. Reames, Christopher Reenock, Ronald J. Shadbegian, Paul Stretesky, Ann Wolverton