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Three Asymmetries of Informed Environmental Decisionmaking


Stephanie Tai


University of Wisconsin Law School

March 2007

Univ. of Wisconsin Legal Studies Research Paper No. 1039

Abstract:     
This article argues that various problems observed in both statutory public participation mechanisms and administrative agencies' treatment of developments in scientific knowledge derive from three fundamental asymmetries in existing administrative decisionmaking processes — asymmetries involving which parties are able to provide information to agencies; when parties are able to provide information; and how agencies may apply that information. The article also explains how a recent rider-based sound science initiative, the Information Quality Act, further exacerbates these asymmetries. The article concludes by presenting three proposals for reforms that address these asymmetries.

Number of Pages in PDF File: 61

Keywords: administrative law, environmental law, public participation, agency decisionmaking, law and science, ossification

JEL Classification: K32, Q58, K23

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Date posted: April 1, 2007  

Suggested Citation

Tai, Stephanie, Three Asymmetries of Informed Environmental Decisionmaking (March 2007). Univ. of Wisconsin Legal Studies Research Paper No. 1039. Available at SSRN: http://ssrn.com/abstract=976498

Contact Information

Stephanie Tai (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
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