11/17/08ESPP-781 The Changing Environment of Law Outline: Law created the “environment” in a sense –Categories of environmental action (e.g., risk, pollution) –Means of environmental mobilization Law in the era of the “death of environmentalism” –Reassertion of private values (“takings”)

11/17/08ESPP-782 Constitutional Text No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

11/17/08ESPP-783 Environmental Citizenship and the Law Not always progressive (pro-environment, pro-public interest) Corporate legal strategies –Challenges to rules and standards –Challenges to information (Data Quality Act) –Failures of compliance (TSCA) Assertion of property rights –Constitutional mandate against “takings”

11/17/08ESPP-784 What is a “social movement”? Rights-based: especially in US context Examples: –Civil rights, women’s, antiwar, consumer, pro-gun, environmental, anti-globalization, anti-abortion What do movements have in common? –Anti-authoritarian, anti-status quo –Translocal scale of mobilization –Identity transforming for members –Frame-shifting with respect to goals

11/17/08ESPP-785 Property Rights as a “Movement”? Endangered Species Act Habitat Conservation Plans Dolan v. Tigard (regulatory takings) –target: municipal environmental planning –“reasonable relationship” --> “rough proportionality” of development and environment Tahoe-Sierra Preservation Council –temporary moratorium on development for land-use planning ruled not a taking

11/17/08ESPP-786 Limits of Environmental Movement Fragmentation of national environmental agenda; diffusion of responsibility Mismatch between scale of problems and scale of politics (especially sustainability) Focus on risks as opposed to sustainability Insufficient research capacity, poor quality information Incoherent policies

11/17/08ESPP-787 US Environmental Movement: Losing Ground, Losing Steam? Contemporary challenges: –Neoliberalism Deregulation, downsizing, “reinventing” government” since the 1980s. Governance model and public-private partnerships –Loss of faith/trust in administrative agencies (e.g., scientific integrity debates) –Political weakness of egalitarian arguments (national health care; the 2000/02/04 elections). –Green Party loss of momentum: Nader in 04,08

11/17/08ESPP-788 Regaining Momentum? Is the governance frame consistent with environmental mobilization? –Local focus, even against multinationals E.g., Coke and Pepsi in India –Solutions inside the production process E.g., pollution prevention –Plant or industry-specific solutions E.g., wind power; revival of nuclear power