Comparative risk assessment is playing an ever-increasing role in environmental policy priority setting, as manifested in national and numerous subnational comparative risk projects. It is widely accepted that public values, interests, and concerns should play an important role in CRA. However, the philosophical basis for public involvement in CRA has not been adequately explored, nor have comparative risk projects always made explicit their rationales for public involvement. The author examines the political, normative, and epistemic rationales for public involvement and explores (...) the case for public involvement in the making of ethical, valuation, and evidentiary judgments. The author considers key issues each rationale raises, problems eachfaces, and some of the implications of each for specific aspects of CRA. (shrink)

It is widely held that environmental risks which are distributed unequally along racial or socioeconomic lines are necessarily distributed unjustly. While disproportionality may result from the perpetration of procedural injustices—what might be termed environmental racism, the question I am concerned with is whether disproportionality, in and of itself, constitutes injustice. I examine this question from the perspective of three prominent theories of justice that largely capture the range of our intuitions about fairness and justice—utilitarianism, natural rights theory, and (Rawlsian) contractarianism. (...) While each of these theories provides clear grounds for objecting to the imposition of risk on individuals without their consent, none provides grounds for thinking that eliminating disproportionalities along racial or socioeconomic lines, in and of itself, is called for as a matter of justice. As a result, I suggest that the concern of environmental justice should lie with identifying (and protecting) those at greatest risk, rather than identifying correlations between average risk levels and morally arbitrary characteristics possessed by individuals, such as race or socioeconomic status. (shrink)

Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.