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

2022

Environmental law

University of Colorado Law School

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Procedural Environmental Justice, Jonathan Skinner-Thompson Jan 2022

Procedural Environmental Justice, Jonathan Skinner-Thompson

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Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called “meaningful involvement” in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision-making. Especially in the environmental arena, regulatory decisions are often buried …