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Title: Taking away David's sling: environmental justice and land-use conflict in extractive resource development
Contributor(s): Kennedy, Amanda L  (author); Schafft, Kai A (author); Howard, Tanya  (author)orcid 
Publication Date: 2017
DOI: 10.1080/13549839.2017.1309369
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Abstract: Exploring cases of gas and coal extraction in Australia and the U.S.A., this paper considers instances in which legal and political frameworks have been used to prioritise development interests and minimise opportunities for community objection. Two case studies illustrate the role of law and the influence of politics on environmental conflict, conflict resolution, and participation in decision-making associated with resource extraction. A range of barriers to meaningful community participation in land-use decision-making are exposed by combining legal and non-legal concepts of equity and justice with ideologies of democracy and representation. These include asymmetry in information and resources available to parties; instances of misrecognition of weaker participants; and examples of malrecognition, where community attempts to engage democratic rights of public participation were thwarted by the strategic and deliberate actions of both industry and government. This paper illustrates the limits of current legal approaches to addressing land-use conflict and contributes to the developing scholarship of environmental justice as an analytic framework for addressing complex environmental and social justice issues.
Publication Type: Journal Article
Source of Publication: Local Environment, 22(8), p. 952-968
Publisher: Routledge
Place of Publication: United Kingdom
ISSN: 1469-6711
Fields of Research (FoR) 2008: 180111 Environmental and Natural Resources Law
180102 Access to Justice
Fields of Research (FoR) 2020: 480203 Environmental law
480501 Access to justice
480204 Mining, energy and natural resources law
Socio-Economic Objective (SEO) 2008: 940401 Civil Justice
960799 Environmental Policy, Legislation and Standards not elsewhere classified
940201 Civics and Citizenship
Socio-Economic Objective (SEO) 2020: 230201 Civics and citizenship
230401 Civil justice
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article

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