Privatizing Nature

'An easily read book illuminating the multifarious process of environmental degradation, as well as the motley social movements, especially on a grass-root level, resisting the privatisation of common resources and ecological degradation on both a local and global level.' Capital & ClassTackling the key themes - such as the convergence of environment and social justice, global commodities, and the role of social movements - the contributors draw on examples from the Amazon, Mexico, Cameroon, India and the industrialised North.

Contemporary privatization remakes nature-society as property andtransforms people’s relationships to themselves, each other,and the natural world. This groundbreaking collection provides thefirst systematic analysis of neo-liberal privatization. Rich casestudies of privatization in the making reveal both the pivotal rolethat privatization plays in neoliberalism and new opportunities forchallenging neo-liberal hegemony. Rich case studies linked to broader questions onneoliberalism Illustrates the importance of property relation and thecomplexities existing in the meaning and practice of property Extends current geographical scholarship on neoliberalism–including neoliberalism and nature Each essay touches on the disciplinary, regulatory dimensionsof privatization Highlights the importance of privatization, both broadly andspecifically

The book the American Prospect calls “an essential resource for future reformers on how not to govern,” by America’s leading defender of the public interest and a bestselling historian “An essential read for those who want to fight the assault on public goods and the commons.” —Naomi Klein A sweeping exposé of the ways in which private interests strip public goods of their power and diminish democracy, the hardcover edition of The Privatization of Everything elicited a wide spectrum of praise: Kirkus Reviews hailed it as “a strong, economics-based argument for restoring the boundaries between public goods and private gains,” Literary Hub featured the book on a Best Nonfiction list, calling it “a far-reaching, comprehensible, and necessary book,” and Publishers Weekly dubbed it a “persuasive takedown of the idea that the private sector knows best.” From Diane Ravitch (“an important new book about the dangers of privatization”) to Heather McGhee (“a well-researched call to action”), the rave reviews mirror the expansive nature of the book itself, covering the impact of privatization on every aspect of our lives, from water and trash collection to the justice system and the military. Cohen and Mikaelian also demonstrate how citizens can—and are—wresting back what is ours: A Montana city took back its water infrastructure after finding that they could do it better and cheaper. Colorado towns fought back well-funded campaigns to preserve telecom monopolies and hamstring public broadband. A motivated lawyer fought all the way to the Supreme Court after the state of Georgia erected privatized paywalls around its legal code. “Enlightening and sobering” (Rosanne Cash), The Privatization of Everything connects the dots across a wide range of issues and offers what Cash calls “a progressive voice with a firm eye on justice [that] can carefully parse out complex issues for those of us who take pride in citizenship.”

In the United States, private ownership of land is not a new idea, yet the federal government retains title to roughly a quarter of the nation's land, including national parks, forests, and wildlife refuges. Managing these properties is expensive and contentious, and few management decisions escape criticism. Some observers, however, argue that such criticism is largely misdirected. The fundamental problem, in their view, is collective ownership and its solution is privatization. A free market, they claim, directs privately owned resources to their most productive uses, and privatizing public lands would create a free market in their services. This timely study critically examines these issues, arguing that there is no sense of "productivity" for which it is true that greater productivity is both desirable and a likely consequence of privatizing public lands or "marketizing" their management. Lehmann's discussion is self-contained, with background chapters on federal lands and management agencies, economics, and ethics, and will interest philosophers as well as public policy analysts.

Reliable collections of science-based environmental information are vital for many groups of users and for a number of purposes. For example, electric utility companies predict demand during heat waves, structural engineers design buildings to withstand hurricanes and earthquakes, water managers monitor each winter's snow pack, and farmers plant and harvest crops based on daily weather predictions. Understanding the impact of human activities on climate, water, ecosystems, and species diversity, and assessing how natural systems may respond in the future are becoming increasingly important for public policy decisions. Environmental information systems gather factual information, transform it into information products, and distribute the products to users. Typical uses of the information require long-term consistency; hence the operation of the information system requires a long-term commitment from an institution, agency, or corporation. The need to keep costs down provides a strong motivation for creating multipurpose information systems that satisfy scientific, commercial and operational requirements, rather than systems that address narrow objectives. Resolving Conflicts Arising from the Privatization of Environmental Data focuses on such shared systems.

Reliable collections of science-based environmental information are vital for many groups of users and for a number of purposes. For example, electric utility companies predict demand during heat waves, structural engineers design buildings to withstand hurricanes and earthquakes, water managers monitor each winter's snow pack, and farmers plant and harvest crops based on daily weather predictions. Understanding the impact of human activities on climate, water, ecosystems, and species diversity, and assessing how natural systems may respond in the future are becoming increasingly important for public policy decisions. Environmental information systems gather factual information, transform it into information products, and distribute the products to users. Typical uses of the information require long-term consistency; hence the operation of the information system requires a long-term commitment from an institution, agency, or corporation. The need to keep costs down provides a strong motivation for creating multipurpose information systems that satisfy scientific, commercial and operational requirements, rather than systems that address narrow objectives. Resolving Conflicts Arising from the Privatization of Environmental Data focuses on such shared systems.

Drinking water, beaches, a livable climate, clean air, forests, fisheries, and parks are all commons, shared by many users with diffuse and overlapping interests. These public natural resources are susceptible to depletion, overuse, erosion, and extinction; and they are under increasing pressures to become privatized. The Public Trust Doctrine provides a legal basis to guard against privatizing important public resources or commons. As such, it is a critical doctrine to counter the ever-increasing enclosure and privatization of the commons as well as ensure government trustees protect current and future generations. This Article considers separation of powers and statutory interpretation in cases involving attempted privatizations of public natural resources. Judges use a wide variety of interpretive tools when ruling on the meaning of a statute or legality of an administrative agency's action. This Article explores the role of the judiciary in protecting the public interest in natural resources when a privatization appears to be underway. It analyzes cases from the United States, India, Uganda, Kenya, and the Philippines to demonstrate the multi-jurisdictional use of what should be recognized as a substantive canon of statutory interpretation for nature's trust, seeking a clear statement from the legislature finding no substantial impact on the public interest before allowing privatization. Such an approach furthers democracy by ensuring elected representatives have publicly considered and expressed their intent to authorize a privatization of nature's trust and that such action is in the public interest. This moves the locus of decision-making away from administrative agencies and back to the democratically elected law making body. And once squarely inside the political branch it requires clarity about the action undertaken and a finding consistent with the trustee's duties to the public. Lastly, it explores the political question doctrine as it relates to controversies about privatizing nature's trust and shows the power of framing the status quo.

Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.