Environmental law and policy, lesson plan problem, technocrats vs democrats

[Kevin Olsen]

I am working on my spring semester lesson plans for classes on Law and
Policy.

I am looking for a good example of a concept that will be presented.

One of the objections that intelligent conservatives make to our current
system of environmental laws (at least in the United States) is that it
does not balance technical expertise and democratic accountability. 
They argue that only trained technocrats with specialized knowledge are
qualified to write regulations but everyone in a democracy must have the
right to participate in the process.

Of course when a new regulation is proposed, there is a comment period
and the agency proposing the regulation makes every effort to engage
stakeholders.  The intelligent conservative often believes that these
measures are not sufficient, hence the objections.

So, can anyone suggest a situation where technocratic expertise and
democratic accountability have been in a legitimate conflict?

The conservatives will argue that there are plenty of examples of
regulatory over reach.

   Compact fluorescent light bulbs?  They save 75% of the electricity
used for lighting

   Can't drive my car on the beach anymore?  Nesting seabirds are an
important part of the ecosystem

   Can't build my new house within 300 feet of a creek?  Ever hear of
runoff pollution?


Every example I try to find for my lesson plans seems to suggest that
There Is No Such Thing As Regulatory Over Reach.....or perhaps it would
be politically neutral to say that the vast majority regulations are
promulgated for very good reasons.  And furthermore, the agency
proposing the regulation has had its power conferred by the legislative
branch.

There must be a good example where an environmental regulation has come
into a legitimate conflict with the democratic process.

Full disclosure, I am of course a tree-hugging, Union Dues paying
lifelong Democrat.  (Maybe that is why I am struggling with this question)

Happy Thanksgiving to the List Subscribers in the United States,

Thank you,

Kevin


--
“Of all the inanimate objects, of all men's creations, books are the nearest to us for they contain our very thoughts, our ambitions, our indignations, our illusions, our fidelity to the truth, and our persistent leanings to error. But most of all they resemble us in their precious hold on life.”

― Joseph Conrad

[DG Webster]

In most cases it is a matter of degree. Not whether we should curb pollution or conserve resources, but how much and for whom. Scientists are usually accused of putting too much emphasis on environmental conservation while ignoring economic costs. Yes, it's good to reduce nutrient pollution, but if that means people will pay more for groceries, how do we balance that tradeoff? Of course, conservatives go too far in the other direction, arguing that markets provide the best solution even when they are imperfect and incomplete. Also, folks on the far left note that technocratic environmental policy often leaves out the concerns and knowledge of indigenous people and other minorities.

best,

dgwebster

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--

D.G. Webster
Associate Professor
Environmental Studies Program
Dartmouth College
6182 Steele Hall
Hanover, NH 03755
phone: 603-646-0213
http://sites.dartmouth.edu/websterlab

[jps...@gmail.com]

Hi,

I'm sorry, not related to the question as such but I have a hard time seeing how concerns about indigenous rights and knowledge qualifies as "far left". Not that it's ever been "far left, but it's become very mainstream within environmentalism in the last couple decades.

But yes, it is important to note that the critique of technocratic environmentalism comes from the broad left as well.

Thanks,

JP

Le 19-11-27 à 12 h 20, DG Webster a écrit :

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