Tuesday, July 7, 2015
Brad Jessup (Melbourne) has posted Environmental Justice as Spatial and Scalar Justice: A Regional Waste Facility or a Local Rubbish Dump Out of Place? (McGill International Journal of Sustainable Development Law & Policy) on SSRN. Here's the abstract:
This paper explains and explores how a controversial waste development in the rural town of Molong, Australia was approved under the maligned, and since repealed, Part 3A of the New South Wales (“NSW”) Environmental Planning and Assessment Act 1979. It adopts a legal geography approach to demonstrate how the activation of the planning law both dramatically shifted political and legal power from the community to the government and proponent, and altered the scale of environmental concern from the local to the regional. The law, and in particular, the imposed geographic scale, undermined the argumentative position, place creation and imagination of the community group opposing the development. It allowed centralized decision making to disregard the environmental effects of the project that were acknowledged by the NSW Land and Environment Court in the case Hub Action Group v. Minister for Planning. It illustrates the entrenched power imbalance in state-significant development laws. The inquiry uncovers spatial and scalar injustices, which are presented as being a component of the concept of environmental justice, with that concept reinterpreted in light of recent scholarship that rethinks the meaning of space. In this respect the paper extends the boundary of, and the community for, environmental justice.