Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt, Cornell Erulemaking Initiative Sep 2012

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt, Cornell Erulemaking Initiative

Michigan Journal of Environmental & Administrative Law

This Article considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …


Effectiveness Of Citizens Advisory Boards In Addressing Fairness In Environmental Public Disputes , Melissa Lor Mar 2012

Effectiveness Of Citizens Advisory Boards In Addressing Fairness In Environmental Public Disputes , Melissa Lor

Pepperdine Dispute Resolution Law Journal

This paper will assess whether or not consensus building and citizens advisory boards adequately address the issues of procedural fairness regarding public participation in environmental disputes. Part II describes the preceding methods leading up to the development of consensus building and citizens advisory boards in dealing with public involvement. In particular, it discusses the review-and-comment and regulatory negotiation models to environmental public disputes. Part III describes the consensus building process, particularly the use of citizens advisory boards, and evaluates the effectiveness of consensus building and citizens advisory boards in addressing fairness of public participation. In addition, it discusses the use …


Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway Feb 2012

Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway

Pepperdine Dispute Resolution Law Journal

Signed into law in September 2008, California's Senate Bill 375 (SB 375) is the first statewide legislation in the nation to link transportation and land use planning to climate change. The law is lengthy and complex, but the central concept is simple: locate homes closer to jobs, services, and transit so that Californians drive less frequently, travel shorter distances, and reduce their greenhouse gas (GHG) emissions. This article examines the approach to public participation outlined in SB 375, and argues that a critical success factor is the design and execution of strategies by local governments to engage citizens in the …


Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Jan 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Michigan Journal of Environmental & Administrative Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …


Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Cornell Journal of Law and Public Policy

This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and implement the requisite safeguards before further natural gas development advances. Hydraulic fracturing provisions are strikingly fragmented and have sparked a fierce debate about chemical disclosure, radioactive wastewater disposal, and greenhouse gas emissions. United States natural gas production may stunt the direction and intensity of renewable energy by up to two decades and will not provide a …