The Corruption of Civic Environmentalism

October 2000
Citation:
30
ELR 10909
Issue
10
Author
Rena I. Steinzor

Theory Becomes Practice

Of all the proliferating ideas for reinventing environmental regulation, none are more portentous than those grouped loosely under the heading "civic environmentalism." In a nutshell, such proposa's urge the delegation of crucial decisions and their implementation to grassroots groups of interested parties who would collaborate in the development of creative solutions to the problems that have stymied traditional regulation.1

From the perspective of their sponsors, nothing less than the reawakening of American democracy is at stake. Indeed, the most enthusiastic proponents believe that embrace of such approaches has the potential to render irrelevant the fundamental premises of the existing regulatory system, from the concept of a Tragedy of the Commons to the fear of a race-to-the-bottom if regulatory authority is devolved.2

Professor of Law and Co-Director, Environmental Law Clinic, University of Maryland School of Law. I wish to acknowledge my debt to Margaret Kriz, whose astute reporting first alerted me to the confluence of events discussed herein. See Margaret Kriz, Testing the Waters at the EPA, 32 NAT'L J. 1286 (2000). I am very grateful for the comments provided by my colleagues, Eileen Gauna, Robert Kuehn, and Clifford Rechtschaffen, and appreciate the research assistance provided by Maxine Grosshans and Jacob Herstek.

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The Corruption of Civic Environmentalism

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