Participation and deliberation in environmental law: exploring a problem-solving approach

This article explores some important recent instances of increased participation in environmental law, focusing on those developments which seek close citizen involvement in decision-making. It is argued that these developments are best explained in terms of a new understanding of the public's potential contribution to environmental decisions. In particular, there are signs that participation is regarded as likely to lead to better decision-making. Borrowing from theories of deliberative democracy, the article explores the idea that citizen deliberation may contribute to enhanced problem-solving, especially on questions of environmental risk. Since deliberative theory has generally been concerned with legitimacy rather than problem-solving, the article further explores the implications of emphasizing problem-solving as the basis for participation