FINANCING PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING

Authors

  • RAJ ANAND
  • IAN G SCOTT

Abstract

Attempting to show how the traditional cost rule prevents public participation in environmental proceedings, this article explains that rule, under which unsuccessful litigants pay the successful party’s costs, and considers various arguments both for and against it. After arguing that far-reaching benefits are attainable by widening access to public participation, the article surveys Canada’s existing cost rules in courts and administrative tribunals, evaluating their effect on this goal. Finding that only in commissions, and to a lesser extent in other administrative settings, has significant progress been made in the direction of increased public participation, the author uses American examples to suggest several reform proposals.

Keywords:

Environmental Control

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Published

1982-03-01

Issue

Section

Legal Commentary