Three Asymmetries of Informed Environmental Decisionmaking

Abstract

This article argues that various problems observed in both statutory public participation mechanisms and administrative agencies' treatment of developments in scientific knowledge derive from three fundamental asymmetries in existing administrative decisionmaking processes — asymmetries involving which parties are able to provide information to agencies; when parties are able to provide information; and how agencies may apply that information. The article also explains how a recent rider-based sound science initiative, the Information Quality Act, further exacerbates these asymmetries. The article concludes by presenting three proposals for reforms that address these asymmetries.

Keywords: administrative law, environmental law, public participation, agency decisionmaking, law and science, ossification

JEL Classification: K32, Q58, K23