Pollution control, administrative discretion and science: a journey through the maze of environmental law
department or school: Law, Faculty of
data provider: DSpace
degree campus: UBCV
creator: Findlay, Caroline K. H.
issued: 2008-09-25T22:29:29Z
issued: 1993
related degree: Master of Laws - LLM
degree grantor: University of British Columbia
description: This thesis explores the interface between environmental regulatory discretion and scientific complexities. Two key observations about the nature of scientific information are made which lead to the argument in this thesis that science must be made more explicit in environmental decision making processes. First, scientific analysis is crucial to understanding the impact of pollution on the natural environment. Thus, it is fundamental to the design and implementation of environmental laws. Secondly, scientific information has certain methodological limitations and inherent uncertainties which often make it subject to interpretation and value judgments. These judgments involve important policy choices about environmental risks. In Canada, the use of science to shape environmental laws is a matter for bureaucratic discretion that is rarely subject to external scrutiny. This thesis argues for an express statutory obligation on environmental administrators to disclose and to explain the scientific analysis used to support the exercise of their discretion in making regulatory decisions. Discretionary powers are a necessary and permanent part of the Canadian legal landscape of environmental protection. Within this regulatory context, science is segregated as the rational "factual" basis for decisions when, in fact, science cannot be disentangled from the economic, political and social dynamics that influence regulatory discretion. The implications of this are illustrated by the experience of the United States which is considered for purposes of comparison in this thesis. Under U.S. environmental laws, regulators are required to disclose and to explain the scientific analysis used to support their regulatory decisions. While it is clear that a procedural "fix" is not a panacea, it does offer some distinct advantages that enhance the democratic legitimacy of environmental decision making. In short, a legal duty of this kind will improve the process of environmental decision …
aggregated CHO: https://circle.library.ubc.ca/rest/handle/2429/2374
extent: 5841984 bytes
format: application/pdf
note: POLLUTION CONTROL, ADMINISTRATIVE DISCRETION, AND SCIENCE:A JOURNEY THROUGH THE MAZE OF ENVIRONMENTAL LAWbyCAROLINE K. H. FINDLAYB.A. (Hons.), University of Western Ontario, 1982LL.B., Queen's University, 1985A THESIS SUBMITTED IN PARTIAL FULFILMENT OFTHE REQUIREMENTS FOR THE DEGREE OFMASTER OF LAWSinTHE FACULTY OF GRADUATE STUDIES(FACULTY OF LAW)We accept this thesis as conforming to the required standard.THE UNIVERSITY OF BRITISH COLUMBIASeptember 1993© Caroline K.H. Findlay, 1993(Signature)viIn presenting this thesis in partial fulfilment of the requirements for an advanceddegree at the University of British Columbia, I agree that the Library shall make itfreely available for reference and study. I further agree that permission for extensivecopying of this thesis for scholarly purposes may be granted by the head of mydepartment or by his or her representatives. It is understood that copying orpublication of this thesis for financial gain shall not be allowed without my writtenpermission.DeDakftlent ofThe University of British ColumbiaVancouver, CanadaDate 11q3DE-6 (2/88)iiABSTRACTThis thesis explores the interface between environmental regulatory discretionand scientific complexities. Two key observations about the nature of scientificinformation are made which lead to the argument in this thesis that science must bemade more explicit in environmental decision making processes. First, scientificanalysis is crucial to understanding the impact of pollution on the naturalenvironment. Thus, it is fundamental to the design and implementation ofenvironmental laws. Secondly, scientific information has certain methodologicallimitations and inherent uncertainties which often make it subject to interpretationand value judgments. These judgments involve important policy choices aboutenvironmental risks. In Canada, the use of science to shape environmental laws isa matter for bureaucratic discretion that is rarely subject to external scrutiny. Thisthesis argues for an expres…
has type: Thesis/Dissertation
date issued: 1993-11
is shown at: 10.14288/1.0077528
language: eng
degree discipline: Law
provider: Vancouver : University of British Columbia Library
publisher: University of British Columbia
rights: For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
scholar level: Graduate
type: Text
identifier URI: http://hdl.handle.net/2429/2374