Environmental Justice in an Era of Devolved Collaboration
![handle is hein.journals/helr26 and id is 465 raw text is: ENVIRONMENTAL JUSTICE IN AN ERA OF
DEVOLVED COLLABORATION
Sheila Foster
I. INTRODUCTION
Environmental decision-making is undergoing a profound shift. Tra-
ditional forums and processes are being displaced by mechanisms em-
phasizing local, place-based decision-making. These emerging deci-
sion-making mechanisms are orchestrated through collaborative proc-
esses featuring stakeholders from both the public and private sectors.
This transformation is evident in a number of recent governmental initia-
tives, including those by the Environmental Protection Agency (EPA),
most notably its Community-Based Environmental Protection (CBEP)
initiative.' Other federal agencies, particularly those with land or species
management responsibilities, have similarly advocated a greater role for
local decision-makers and collaborative problem-solving.2 Most recently,
* Professor of Law, Fordham University School of Law. B.A., University of Michigan,
Ann Arbor; J.D., Boalt Hall School of Law, University of California, Berkeley. I extend
my sincerest appreciation to the following for their invaluable input: faculty workshop
participants at Rutgers School of Law, Camden; participants at the Environmental Justice
and Natural Resources Conference at the University of Colorado School of Law; Douglas
Kenney, Luke Cole, Eileen Gauna; and Rutgers Law students Brian Blaho and Briana Perry. A
shorter version of this Article appears as Chapter Six in JUSTICE AND NATURAL RE-
SOURCES: CONCEiPrs, STRATEGIES, AND APPLICATIONS (Katherine M. Mutz et al. eds., 2002).
'CBEP is the culmination of recent efforts by EPA that emphasize coordination
among different levels of governmental decision-makers and enhanced public participation.
See OFFICE OF POLICY & OFnCE OF REINVENTION, EPA, EPA-237-K-99-001, EPA's FRAME-
WORK FOR COMMUNITY-BASED ENVIRONMENTAL PROTECTION 3 (1999), available at http:/I
www.epa.gov/ecocomrnunity/frame40.pdf [hereinafter CBEP FRAMEWORK].
2 For example, the U.S. Forest Service has a collaborative stewardship task force
that is actively searching for ways to promote a greater role for local collaborative efforts,
an action that is consistent with the recommendations of the Committee of Scientists. See
generally COMMITTEE OF SCIENTISTS, U.S. DEPARTMENT OF AGRICULTURE, SUSTAINING
THE PEOPLE'S LANDS: RECOMMENDATIONS FOR STEWARDSHIP OF THE NATIONAL FORESTS
AND GRASSLANDS INTO THE NEXT CENTURY (1999), available at http://www.fs.fed.us/
news/science [hereinafter SUSTAINING THE PEOPLE'S LANDS]. Collaboration is also a key
element of modern efforts to implement the Endangered Species Act, through tools such as
habitat conservation plans and safe harbor agreements. See, e.g., Endangered Species Act
of 1973 § 4(a)(3)(A), 16 U.S.C. § 1533(a)(3)(A) (1994). In the past decade, the U.S. Bu-
reau of Land Management has created a series of resource advisory councils (RACs) to
provide local input into policy decisions. Other national policy entities, such as the Na-
tional Performance Review and the Council on Environmental Quality, have also promoted
collaborative problem-solving. See, e.g., Timothy Beatley, Preserving Biodiversity Through
the Use of Habitat Conservation Plans, in COLLABORATIVE PLANNING FOR WETLANDS AND
WILDLIFE 35 (Douglas R. Porter & David A. Salvesen eds., 1995); 43 C.FR. § 1784.6-1
(2000) (establishing RACs for lands administered by the Bureau). See generally NATIONAL
PERFORMANCE REVIEW, CREATING A GOVERNMENT THAT COSTS LESS AND WORKS BETTER
(1993). Many non-administrative and non-governmental entities have also joined the](ViewImageLocal?handle=hein.journals/helr26&div=16&collection=&method=preview&ext=.png&size=3)
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Environmental Justice in an Era of Devolved Collaboration
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