Procedural Justice in Environmental Decision Making: An Analysis of Public Participation Language in State Level Cumulative Impact Legislation.

Abstract

Purpose: The active engagement of those impacted by environmental decisions is foundational to environmental justice (EJ) movements. EJ advocates and state level policy makers are crafting legislation using cumulative impact (CI) frameworks. We examine language in state-level CI legislation related to public participation, with a particular focus on the degree of public influence in environmental decision-making.

Methods: We used legislative tracking sites to identify state level CI legislation introduced or passed, 2017 -2024. We extracted language describing mechanisms for public participation and agency accountability, and coded each document using classifications based on the International Organization for Public Participation (IAP2) Spectrum of Public Participation.

Results: We identified 44 legislative documents using CI frameworks introduced or passed, 2017-2024. Four (9%) included no public participation language and two (5%) were coded at IAP2's lowest level of public participation, "inform" (e.g. providing information). Twenty-four (54%) were coded in IAP2's "consult" category (e.g. inviting comments), with six (14%) coded as "involve" (e.g., assuring public concerns and aspirations are understood and addressed). Seven (16%) were coded as "collaborate" (e.g., active engagement of the public as partners in decision-making) and one (2%) was coded in the "empower" category (e.g. community members making the decisions).

Conclusions: Effective and just environmental governance requires collaborative and empowered decision making. Language in most state policies using CI frameworks falls short of collaborative or empowered public participation. Those with collaborative and empowered approaches to public participation offer important models for expanding public influence in environmental decision-making.