The Distributive-Justice Model of Environmental Law. David Schorr
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1 The Distributive-Justice Model of Environmental Law David Schorr
2 Distributive Justice in Environmental Law Conventional approach:
3 Distributive Justice in Environmental Law Conventional approach: injustice suffered when environmental law disregards or disserves the interests of the disenfranchised and dispossessed David H. Getches & David N. Pellow, Beyond Traditional, in Justice and Natural Resources 3 (Kathryn M. Mutz et al., eds. 2002)
4 Distributive Justice in Environmental Law distributive issues environmental issues environmental justice
5 Distributive Justice in Environmental Law Conventional approach: focus on disadvantaged groups
6 Distributive Justice in Environmental Law Conventional approach: focus on disadvantaged groups Aristotelian approach: any unjust distribution of environmental harms and benefits (distributive justice = giving to each his/her due)
7 Distributive Justice in Environmental Law Aristotelian approach: any unjust distribution all groups and individuals (not disadvantaged alone)
8 Distributive Justice in Environmental Law Aristotelian approach: any unjust distribution all groups and individuals (not disadvantaged alone) purely formal Ernest J. Weinrib, Aristotle s s Forms of Justice, in Justice, Law and Method in Plato and Aristotle 133 (Spiro Panagiotou ed., 1987)
9 Distributive Justice in Environmental Law distributive issues environmental issues environmental justice
10 Distributive Justice in Environmental Law distributive issues environmental issues conventional environmental justice
11 Conceptual Frameworks Compared Aristotelian : any unjust distribution too wide, too formal, to be of any use?
12 Conceptual Frameworks Compared Aristotelian : any unjust distribution anthropocentric rights-based
13 Conceptual Frameworks Compared Aristotelian : any unjust distribution anthropocentric rights-based suited as basis for legal claims
14 Conceptual Frameworks Compared Alternative Frameworks Ecological: preservation of nature, ecological integrity
15 Conceptual Frameworks Compared Alternative Frameworks Ecological: preservation of nature, ecological integrity rights-based
16 Conceptual Frameworks Compared Alternative Frameworks Ecological: preservation of nature, ecological integrity rights-based non-anthropocentric
17 Conceptual Frameworks Compared Alternative Frameworks Ecological: rights-based non-anthropocentric Economic: correcting externalities, market failure
18 Conceptual Frameworks Compared Alternative Frameworks Ecological: rights-based non-anthropocentric Economic: correcting externalities, market failure anthropocentric
19 Conceptual Frameworks Compared Alternative Frameworks Ecological: rights-based non-anthropocentric Economic: correcting externalities, market failure anthropocentric not rights-based (utilitarian)
20 Conceptual Frameworks Compared Ecological: rights-based non-anthropocentric Economic: anthropocentric utilitarian Aristotelian : anthropocentric rights-based
21 Conceptual Frameworks Compared Anthropocentric Rights-Based Ecological Model Economic Model Distributive Model
22 Conceptual Frameworks Compared Advantages of the Distributive Model Rights-talk talk suited to legal argument
23 Conceptual Frameworks Compared Advantages of the Distributive Model Rights-talk talk suited to legal argument Anthropocentrism crucial to legal argument
24 Conceptual Frameworks Compared Advantages of the Distributive Model Rights-talk talk suited to legal argument Anthropocentrism crucial to legal argument Environmental law is, to a greater extent than other areas of law, a product of external values not rooted in the system of human dignity and thus it is difficult to integrate into our legal system. A. Dan Tarlock, The Nonequilibrium Paradigm in Ecology and the Partial Unraveling of Environmental Law,, 27 Loyola L.A. L. Rev (1994)
25 Conceptual Frameworks Compared Problems with the Ecological Model Leopold s s Land Ethic: A A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise. Aldo Leopold, A Sand County Almanac with Sketches Here and There (1949)
26 Conceptual Frameworks Compared Problems with the Ecological Model Should Trees Have Standing? Christopher Stone, Should Trees Have Standing? Toward Legal Rights for Natural Objects,, 45 S. Cal. L. Rev. 450 (1972)
27 Conceptual Frameworks Compared Problems with the Ecological Model Should Trees Have Standing? Christopher Stone, Should Trees Have Standing? Toward Legal Rights for Natural Objects,, 45 S. Cal. L. Rev. 450 (1972) Humans v. Environment Nat l l Assn. of Home Builders v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997) 97) (Sentelle,, J. dissenting)
28 The Distributive Model of Environmental Law
29 The Distributive Model of Environmental Law Civil Rights Aristotelian
30 The Distributive Model of Environmental Law Civil Rights oppression of minority by majority Aristotelian oppression of minority by majority
31 The Distributive Model of Environmental Law Civil Rights oppression of minority by majority Aristotelian oppression of minority by majority oppression of majority by minority
32 The Distributive Model of Environmental Law Civil Rights oppression of minority by majority Aristotelian oppression of minority by majority oppression of majority by minority public choice
33 The Distributive Model of Environmental Law Civil Rights oppression of minority by majority Aristotelian oppression of minority by majority oppression of majority by minority public choice public trust
34 The Distributive Model of Environmental Law Civil Rights oppression of minority by majority Aristotelian oppression of minority by majority oppression of majority by minority any unfair environmental burden
35 Example: Emissions Trading Civil Rights disparate impact (on disadvantaged group) Aristotelian Lily N. Chinn, Can the Market Be Fair and Efficient? An Critique of Emissions Trading,, 26 Ecology L.Q. 80 (1999)
36 Example: Emissions Trading Civil Rights disparate impact (on disadvantaged group) Aristotelian unfair burden on any group or individual
37 Example: Emissions Trading Civil Rights disparate impact (on disadvantaged group) Aristotelian unfair burden on any group or individual disparate harm to anyone (not necessarily disadvantaged)
38 Example: Emissions Trading Civil Rights disparate impact (on disadvantaged group) Aristotelian unfair burden on any group or individual disparate harm to anyone (not necessarily disadvantaged) harm to general population with benefit to minority
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