How Algorithm-Assisted Decisionmaking is Influencing Environmental Law and Climate Adaptation

August 2023
Citation:
53
ELR 10652
Issue
8
Author
Sonya Ziaja, J.D., MSc, Ph.D.

Agencies responsible for water and energy systems increasingly rely on algorithm-assisted decisionmaking to regulate these systems and shepherd them through climate adaptation. Legal scholars, attorneys, and environmental equity advocates should care about this fundamental change in governance for three reasons. First, climate adaptation depends on these tools. Second, algorithmic tools are not policy-neutral; rather they embed value-laden assumptions and biases. And third, the “rules” of this new forum impede equity and democratic participation, without deliberate countermeasures. This Article proposes an initial step in the development of such countermeasures: a framework for evaluating how algorithm-assisted decisionmaking, in environmental and energy regulation, influences law and what the consequences are for equity and participation.

Sonya Ziaja is an Assistant Professor at University of Baltimore School of Law.