I am working on my spring semester lesson plans for classes on Environmental 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 members in the United States,
Thank you,
Kevin
Maybe you can study environmental pollution in the oceans and its effects on humanity. Essentially, what kind of results are happening in areas where no one has a direct responsibility. Why doesn't a common consciousness occur in all human places and why so few states care about the result? What kind of measures can be taken especially in international organizations? How can states be compelled to comply with the decisions to be taken for the benefit of humanity?
Not sure this is what you are looking for. But perhaps take a look at The Case of Transboundary Wetlands Under the Ramsar Convention: Keep the Lawyers Out!
My opinion is you need to approach the reality from the Environmental Economics side. Special consider the Kozneth Curve and argue for or argue against to have your broader understanding of the world view on the environmental issues at all levels.
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