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Managing Facts and Feelings in Environmental Governance

Edited by Lorenzo Squintani, Faculty of Law, University of Groningen, the Netherlands, Jan Darpö, Faculty of Law, Uppsala University, Sweden, Luc Lavrysen, Department of European, Public and International Law, Ghent University, Belgium and Peter-Tobias Stoll, Jean Monnet Chair, Faculty of Law, Göttingen University, Germany
This timely book brings to the foreground the considerable tensions between the need to engage the public in the importance of environmental governance and the need of professional expertise to address the issues which arise. In doing so, it highlights that not only can public opinion deviate from scientific knowledge, but scientific knowledge itself can be lacunose or contradicting. Drawing together insights from some of the leading scholars, this engaging work will provide guidance to decision makers, including judges, on how to govern public participation procedures and professional expertise and the role that the precautionary principle can play in this regard.


Extent: c 240 pp
Hardback Price: $130.00 Web: $117.00
Publication Date: July 2019
ISBN: 978 1 78897 616 9
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  • eISBN: 978 1 78897 617 6

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  • Environment
  • Environmental Governance and Regulation
  • Environmental Law
  • Environmental Politics and Policy
  • Law - Academic
  • Environmental Law
  • Politics and Public Policy
  • Environmental Governance and Regulation
  • Environmental Politics and Policy
Facts and feelings constitute a complex tension in modern science. Not only can public opinion deviate from scientific knowledge, but that knowledge itself can be lacunose or contradicting. Managing Facts and Feelings in Environmental Governance examines this internal friction, between the need to engage the public in the importance of environmental governance and the demand of professional expertise to address the issues that arise.

This timely and insightful book acknowledges the growing role of behavioural science in the determination of environmental policy, regulation and decision-making, providing astute guidance to decision-makers regarding how to balance the needs of public participation procedures and professional expertise. Its multidisciplinary approach provides new insights in the field of public participation, enabling further analysis of environmental psychology, equality law and fundamental rights and offers concrete guidance on how to approach natural science in court. Engaging with the role that the precautionary principle can play in balancing tensions between public and academic spheres, this book includes a state-of-the-art account of the precautionary approach under EU and International Law.

Combining law in action with academic approaches, this book is a must-read for scholars of environmental law, governance and regulation. It also offers valuable guidance for decision-makers and NGOs active in environmental protection, as well as environmental lawyers at national, European and international levels.
‘This book enriches the existing literature on environmental law and policy by discussing the often underestimated influence of facts and feelings on policy decisions. Its scientific approach and the wide experience of the contributors have generated a full consideration of all facets of the problem, including the points of view of industry, environmentalists, scientists and judges. Participation problems, the precautionary principle, the innovation principle and the judges' problems of making decisions in cases of tensions between facts and feelings are discussed in detail. The book presents an innovative and thought-inspiring insight into the challenges and difficulties of environmental decision-making.’
– Ludwig Krämer, Derecho y Medio Ambiente S.L., Spain
Contributors include: A. Aragao, J. Darpö, W. Douma, L. Lavrysen, G. Perlaviciute, H. Schoukens, M. Schultz, L. Squintani, P.-T. Stoll, M. Wright

















Contents:

Foreword

Introduction

Part 1 The Inclusion and Management of the Feelings and Opinions of the Public in Environmental Decision-Making
1. Public Participation in Decision Making on Energy Projects: When Does it Lead to Better and More Acceptable Energy Projects?
Goda Perlaviciute

2. Towards Equal Opportunities in Public Participation in Environmental Matters in the European Union
Lorenzo Squintani and Hendrik Schoukens

3. When Feelings Become Scientific Facts: Valuing Cultural Ecosystem Services and Taking Them Into Account in Public Decision Making
Alexandra Aragão

Part II Scientific Evidence In Environmental Judicial Proceedings
4. Understanding the Nuts and Bolts: Scientific and Technical Knowledge in Environmental Litigation: National Solutions, EU Requirements and Current Challenges
Jan Darpö

5. Scientific Facts and Litigants' Feelings: Practical Innovations From the Vermont Environmental Court and Other Jurisdictions
Merideth Wright

6. Scientific Evidence in Court: The Swedish Case - The Use of Technical Judges For Better Integration of Scientific Data in Environmental Decision-Making
Mikael Schultz

Part III The Precautionary Principle: A Challenged Tool to Manage Scientific Uncertainty
7. Of Fear and Prudence: Precaution Through Better Regulation and Innovation
Peter-Tobias Stoll

8. The Limits to Precaution in International Trade Law: From WTO Law to EU Trade Agreements
Wybe Douma

Conclusions

Index