Mark Lancelot Bynoe
Assessment, citizen, development, environmental, Guyana, impact, law, participation, permit, plan
Since June 1996, Environmental Impact Assessments (EIAs) have become mandatory in Guyana for all projects anticipated to have significant impacts on the environment. Furthermore, the law, i.e. the Environmental Protection Act, that brought this stipulation into being also identifies formal channels by which citizens are expected to participate from project conception through to the resolution of conflicts. However, while the Act is explicit with regards to citizen participation, the modalities by which they can participate effectively have been operating less than optimally.
Thus, this paper seeks to examine what the law states about citizen participation and to take a critical look at the participation process in Guyana. It utilises mainly secondary sources and the authors experience in the field to determine that a lack of innovation in the participation process is conspicuously absent. Furthermore, the participation process is conducted differently for most development vis-à-vis investment projects.
The paper therefore posits as one of its main recommendations, the need for a structured citizen participation plan to improve the involvement of the stakeholders, and modus operandi that are culturally appropriate that will allow for more substantive feedback and less cynicism of the process.
(2006) 2(1) Law, Environment and Development Journal 34
Citizen Participation in the Environmental Impact Assessment Process in Guyana : Reality or Fallacy?
Martha L. Judy and Katherine Nicole Probst
Superfund, CERCLA, Trust fund, taxes, environmental, brownfields, cost recovery, liability, natural resources damages, contribution, joint and several, cleanup, spill, emergency, remediation, removal, history, EPA, NPL, environmental policy, environmental economics, environmental liability
TABLE OF CONTENTS
I. Cleaning Up Contaminated Sites 200
A. Program Accomplishments 205
B. NPL Listings/Deletions 206
C. Construction Complete 209
D. Government Performance Results Act Measures 210
E. Removal Actions 212
II. Paying for Cleanup: Taxes and Liability 213
A. Superfund Trust Fund 216
B. Liability as a Funding Mechanism 221
C. Spreading Costs Among Private Parties 230
III. Issues on the Horizon 241
A. Can the Quality and Pace of Cleanups Be Improved? 242
B. What Steps Need to Be Taken to Ensure a Robust and Reliable Long-term Stewardship – or Post-cleanup – Program? 243
C. Will Private Parties Continue To Contribute Work and Money to NPL Cleanups, and Will They Continue To Clean Up Sites on Their Own? 244
D. What Are the Funding Needs for the Superfund Program over the Next Five to Ten Years? 246
E. Improving Superfund Requires Increased Program Evaluation and Greater Transparency 247
(2009) 11 Vermont Journal of Environmental Law 191
Superfund at 30
Sean F. Nolon (Vermont Law School, USA)
Consensus Building, Mediate, Negotiated Agreement, Process Advocate, Collaborative Decision-Making, Collaboration, Controversional Development Decisions, Mediation, Land Development, Environmental, Community Benefits, Process Manager, Facilitation, Land Use, Land Use Permiting
Significant land development decisions have the potential to tear at the civic fabric of a community and cause irreversible environmental, aesthetic and economic harm. Conversely, these decisions also have the potential to rebuild and repair civic capacity with minimal impact and delivering significant community benefits. While the underlying facts of a development proposal and the conditions of the community are certainly factors in these different outcomes, the other, often overlooked, factor separating these outcomes is the process used to conceive, deliberate and decide what is included in a development. Through this article, the author uses four case studies featuring collaborative decision-making to explore the impact that process has on how parties interact in significant development decisions and how attorneys can play an important role as advocates for sound processes. Among the many distinguishing features of those cases is the use of a process manager with a stake in the outcome instead of an outside neutral. After examining the structure of the required process and looking at the four collaborative case studies, the author examines and organizes almost four decades of dispute resolution practice and theory to provide a concise set of recommendations for lawyers seeking to create better processes. This guidance will also help protect against abuses of power when hiring a mediator is not practicable.
(2009) 27 Pace Environmental Law Review 103-144
The Lawyer as Process Advocate: Encouraging Collaborative Approaches to Controversial Development Decisions
Climate change, international climate policy, environmental threat, justice, mitigation
When the policies and activities of one country or generation harm both other nations and later generations, they constitute serious injustices. Recognizing the broad threat posed by anthropogenic climate change, advocates for an international climate policy development process have expressly aimed to mitigate this pressing contemporary environmental threat in a manner that promotes justice. Yet, while making justice a primary objective of global climate policy has been the movement’s noblest aspiration, it remains an onerous challenge for policymakers.
Atmospheric Justice is the first single-authored work of political theory that addresses this pressing challenge via the conceptual frameworks of justice, equality, and responsibility. Throughout this incisive study, Steve Vanderheiden points toward ways to achieve environmental justice by exploring how climate change raises issues of both international and intergenerational justice. In addition, he considers how the design of a global climate regime might take these aims into account. Engaging with the principles of renowned political philosopher John Rawls, he expands on them by factoring in the needs of future generations. Vanderheiden also demonstrates how political theory can contribute to reaching a better understanding of the proper human response to climate change. By showing how climate policy offers insights into resolving contemporary controversies within political theory, he illustrates the ways in which applying normative theory to policy allows us to better understand both.
Thoroughly researched and persuasively argued, Atmospheric Justice makes an important step toward providing us with a set of carefully elaborated first principles for achieving environmental justice.
Steve Vanderheiden, Atmospheric Justice: A Political Theory of Climate Change ( OUP , USA 2009)
Atmospheric Justice: A Political Theory of Climate Change
Civil society, environment, innovations, jurisprudence, law, litigation, policy, power, rights, Supreme Court of India.
This paper analyses the implications of innovative methods of the Indian Supreme Court for environmental jurisprudence to protect and improve the environment. Innovative methods are understood in terms of application and creation of new principle and structure for environmental jurisprudence. Through a series of innovative methods the Supreme Court of India has not only ensured fundamental right of citizen to healthy environment but also has contributed immensely to the evolution of new principles in environmental jurisprudence. The Court’s innovations for environmental jurisprudence, however, have neither been institutionalised for their long term impact nor have they been consistent and uniform in their application for the protection and improvement of environment. It is also observed that there has been opposition to Court innovations both by the implementing agencies and public, as the Court through its application of new methods and creation of structures for environmental protection has crossed its adjudication boundaries thereby started interfering in all affairs of environmental management.
(2008) 4(1) Law, Environment and Development Journal 1
Implications of Indian Supreme Court’s Innovations for Environmental Jurisprudence