"Privatizing" public resources by creating stronger property rights
is an increasingly popular environmental policy option. While
advocates of these "market-based' approaches tend to f5ocus on
their efficiency and ecological implications, the policies also
raise important considerations of equity and distributive justice.
Private Rights in Public Resources confronts these ethical
implications by showing that, despite their limited attention as
subjects of academic study, equity ideas have long had an influence
in environmental policy. It argues that equity issues should be
considered more explicitly in both the analysis and formulation of
environmental policy.
Leigh Raymond investigates equity norms through original studies
of two important environmental laws, the Acid Rain Title of the
1990 Clean Air Act Amendments (CAAA) and the 1934 Taylor Grazing
Act (TGA). He reviews legislative records, administrative
documents, and interviews key policymakers. Confirming that much of
the debate in the two programs centered on the equity or fairness
of the initial allocation of property rights, he then uses the
theories of John Locke, Morris Cohen and others to build a
framework for identifying the competing norms of equity in
play.
Raymond's study reveals that, despite the different historical
and ecological settings, the political actors in the two cases
struggled to reconcile similar arguments -- and were able to
achieve a similar synthesis of conflicting ownership ideas. He
notes that the prominence of equity arguments in the debates and
decisions about allocations contradict traditional views that the
TGA and the CAAA simply "grandfathered" rights to existing
users.
Raymond extendshis analysis to ongoing national and
international debates about allocations of greenhouse gas
emissions. He demonstrates how ideas about equity and fairness
operate in the context of global climate change, where there is
less structure in the political, legal, and scientific context of
the policy debate.
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