Three Asymmetries of Informed Environmental Decisionmaking

61 Pages Posted: 1 Apr 2007

See all articles by Steph Tai

Steph Tai

University of Wisconsin Law School

Date Written: March 2007

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

Suggested Citation

Tai, Steph, Three Asymmetries of Informed Environmental Decisionmaking (March 2007). Univ. of Wisconsin Legal Studies Research Paper No. 1039, Available at SSRN: https://ssrn.com/abstract=976498

Steph Tai (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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