The Role of Public Participation in Advancing Environmental Justice

The Essential Tools of
Sustainable Governance
Sustainability
Governance
• Dutch Sustainable development strategy
• Sustainable development is about integration,
solidarity and participation
• It requires a certain mind set and calls upon all
stakeholders to work together in integrating social,
economic and ecological ambitions in a long term
perspective, cognisant of the interest of the people
everywhere and future generations.
Behavioral Drivers
Ethics/Values
Regulatory System
Economics
1. Clear Goals
• Climate, Chesapeake Bay, SO2 reduction
• Ontario--coal free by 2014--Ontario Power
Authority
• Strong science is critical to this process
Goals
• Dutch Advisory Council for Research on
Spatial Planning, Nature and the Environment
(RMNO) the independent and multistakeholder group
• RMNO looks at the knowledge component of
policy development: promoting the use of
scientific insights in new policy and
channeling questions from policy makers to
researchers.
2. Strong, Adaptable
Regulation
• Emphasize Performance--SO2 versus CWA
categorical standards,
• Accommodate business cycles (Intel
example)
• No sector free rides (agriculture and
development)
• Address new technology (nanotechnology)
A Full Range of
Enforcement Tools
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Field Citations for small violations
Administrative Penalty Authority
Civil Judicial Enforcement
Citizen Suites
Criminal violations
3. Information
• Accurate, timely, understandable
• Available in ways the public and others can
find and use the data
• Information regulation (TRI, climate
registry)
Enviromapper
Scorecards
4. Public Engagement
• The principal public participation methods
used by government agencies (public
hearings, public meetings, and notice and
comment rulemaking procedure) frequently
do not create conditions necessary for
effective, or “authentic” public participation
• Cheryl Simrell King et al., The Question of Participation: Toward Authentic
Public Participation in Public Administration, 58 Pub. Admin. Rev. 317, 317
(1998).
Traditional Public
Engagement
An Engaged Public
• Authentic, not just formulaic
• Early and regularly
• Public dialogue--the Dutch “Polder”
consensus model
• Community Advisory Panels
• Community liaisons
Authentic Public
Engagement
5.
Corporate Social
Responsibility
• Can’t get to 60-80% reductions--sustainable levels
relying only on regulation
• Corporate Social Responsibility--much more than
just good will
• Both economic and legal aspects
Key Economic Drivers
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Reputation
Access to and cost of materials
Access to Markets
Customer Demands
Investors concerns
Key Economic Drivers
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Cost of carbon allowances
Insurance and lending
Hiring and retaining employees
Product differentiation
Liability mitigation
CSR as a Legal
Standard
• Contract--supply chain
• Tort--standard of care
• False of misleading statements legislation
Gov’t Support for CSR
• The Dutch government facilitates CSR for
medium sized and smaller companies from
a dedicated platform, called MVONederland (in English: CSR Netherlands),
providing tools, assistance, guidance and an
arena for exchange of good practice.]
Excerpt from Sustainable Development
Strategy of the Netherlands
Gov’t Social
Responsibility
• October 5, 2009 Executive Order
• Agency Strategic Sustainability
Performance Plan
• Energy efficiency, renewables, GHG
emissions, product acquisition
6. Public Values
• A thing is right when it tends to preserve the
integrity, stability, and beauty of the biotic
community. It is wrong when it tends
otherwise.” Aldo Leopold, A Sand County
Almanac
• Information and education
• Gov’t role--Social marketing
Social marketing
7. Collaboration
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Scale of the problems
Cost
Limited government resources
Mutual interest--sustainable development is
a business issue (Obama)
• Clean Air Minnesota
• Governing by Networks
8. Justice--Equity
• Environmental justice will be achieved
when everyone enjoys the same degree of
protection from environmental and health
hazards and equal access to the decisionmaking process to have a healthy
environment in which to live, learn, and
work
Environmental Justice
• Fair treatment--EJ considerations in permitting
and enforcement
• Meaningful involvement-- Consider equity and
justice issues in the timing, location, and
nature of public engagement processes
• Provide resources to assure meaningful
involvement--information, technical
assistance
9. Integration
• Innovation, adaptation,
• Strategically deploying regulatory,
economic and values-based drivers
• Decision processes that help decision
makers select the most appropriate tools
The Future
• Different role for government—still need to be a
regulator and enforcer but must also play a key
role in influencing economics or values
• Different role for the public and NGOs—
participation, collaboration and partnerships
important
• Different role for companies—CSR and
partnerships are central, compliance is a given