The Constitution of the Environmental Emergency

Environmental / Energy Law

The Constitution of the Environmental Emergency

By Jocelyn Stacey
Hart Publishing April 2018

Specifications

ISBN-13
9781509920273
Publisher
Hart Publishing
Publication
April 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues constitute a state of emergency.

Taking that position ensures that the question of how the environment can be governed through law is confronted. States of emergency pose fundamental challenges to law as they are unforeseeable, as are the responses to them, which undermines traditional models of governance.

This book argues that to counter this, public justification must become a central tenet of environmental law. This reframes the debates in environmental law around the question of why law is being used in the environmental context.

Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Table of Contents

Introduction
I. Methodology, Terminology and Context
II. Outline of the Book
Part I: The Environmental Emergency
1. The Concept of the Environmental Emergency
I. The Environmental Emergency
II. Failing Schmitt’s Challenge
III. The Formal Conception of the Rule of Law
IV. Conclusion
2. Environmental Reform: The Problem of Discretion in Environmental Law
I. The Environmental Reform Position
II. Black and Grey Holes in Canadian Environmental Law
III. Impoverished Environmental Reform Solutions
IV. Conclusion
3. Environmental Governance: The Problem of Law in Environmental Law
I. Old and New Governance
II. Three Examples of Environmental Governance
III. Reclaiming the Rule of Law
IV. Conclusion
Part II: Responding to the Environmental Emergency 4. The Requirement of Public Justification
I. Responding to Schmitt’s Challenge
II. Public Justification: A Democratic Conception of the Rule of Law
III. Conclusion
5. Institutional Design: Reforming Forest Practices
I. The Institutional Dimensions of Public Justification
II. The Forest Practices Board and the Mountain Pine Beetle Response
III. The Forest Practices Board and Its Governance Response
IV. Conclusion
6. Pipelines and Principles: Reasonableness and Fairness in Environmental Law
I. The Pipelines, the NEB and Their Problems
II. In Defence of Environmental Principles
III. Publicly Justifying the Pipelines 7
IV. Conclusion
7. Reasoning Adequately: Wind Turbine Risks and Benefits
I. The Confluence of Environmental Factors in Wind Turbine Development
II. The Method and Purpose of Reasonableness
III. Reasoning Adequately about Wind Turbine Approvals
IV. Conclusion
8. The Rule of Law and the Right to a Healthy Environment
I. The Case for a Charter Right to a Healthy Environment
II. Environmental Protection and Section 7 Adjudication
III. Common Law Constitutional Rights Adjudication
IV. Conclusion
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