Dear John,
Public participation is a vital part of the NEPA environmental review and decision-making process and for many environmental permitting and siting processes involving the Army Corps of Engineers, BLM, DOT, EPA, Forest Service, and other federal and state agencies. Public engagement can truly make a difference in both the courts of law and the courts of public opinion. Sadly, the Trump Administration is moving to constrain public participation, and some state agencies are also adopting manipulative techniques that restrict effective public participation.
Why? Because when agency decisionmakers actually see 200 people face-to-face in a meeting room, it matters. They better engage with them, and must hear their ideas, concerns and suggestions for environmentally-friendly alternatives to a proposed oil pipeline, fossil-fuel plant or huge highway. That public participation can help make a positive difference in the outcomes for our communities. Robust public participation is too valuable to lose.
During the ongoing COVID-19 crisis, many federal and state agencies, city councils, and school districts have understandably switched to conducting public participation via Zoom, Skype, Hangouts or Teams. Let’s face it: that’s just not as good as in-person face-to-face public hearings and engagement. Using these technologies for public participation is “acceptable-as-necessity” under these extraordinary pandemic circumstances.
However, that should not become the “new normal.” When people are physically in the room with public official decisionmakers, and directly connecting with them, it’s a different dynamic than when they are muted on a Zoom conference call and have to type in a question.
Zoom hearings can provide more accessibility by allowing people to participate from their homes if they have to watch kids and can’t leave to go to a hearing, or if the meeting site is too far away from their home, or when the weather is crappy. Zoom can help accommodate people with disabilities.
There is a win-win solution here. Let’s fight to defend meaningful and effective public participation against attacks from the Trump Administration and others. For the post-COVID pandemic future, let’s not allow Zoom hearings alone to be the new normal. Instead, let’s use technology to enhance and improve public participation hearings with more video presence and data presentations.
Let’s adopt a “both-and” approach: “people in the physical room” public hearings that allow robust public participation and engagement with agency decision-makers, and digital tools to connect and provide additional access for people to join and participate from their homes as well. These tools can complement and improve public hearings and participation, but Zoom should not be a stand-alone substitute.
Democracy allows for, values and provides reasonable opportunities for engaged public participation. ELPC will defend against attacks aimed at weakening public participation, and we will advocate for using technology to expand opportunities for meaningful public participation. That can make a difference in better environmental solutions for people, our communities and our planet.
Some Other ELPC News this week:
- ELPC Virtual Gala A Big Success: While we all would have loved to be together at the Radisson Blu in Downtown Chicago, like the rest of the world, ELPC adapts! We had a terrific virtual event with special guests Chicago Mayor Lori Lightfoot and Michigan Governor Gretchen Whitmer. If you weren’t able to join the program live, you can watch the recording here. Keep a special eye out for ELPC Staff “in the wild” of their home environments. Thank you for all of your support this year, as ELPC keeps playing to win to protect the Midwest’s environment.
- Senators Baldwin and Duckworth, and Rep. Kind Seek Alternatives to the Cardinal-Hickory Creek Transmission Line in order to Protect the Upper Mississippi National Wildlife and Fish Refuge: There are better alternatives and Congressional leaders are raising concerns about the proposed Cardinal-Hickory Creek ATC huge transmission line that would cut a wide swath through the scenic Driftless Area’s vital natural resources, family farms and small town rural communities. U.S. Sen. Tammy Baldwin’s and Rep. Ron Kind’s new letter to the U.S. Fish & Wildlife Service explain the ecological and economic importance of the protected Upper Mississippi River National Wildlife & Fish Refuge in the scenic Driftless Area. U.S. Sen. Tammy Duckworth sent a similar letter a few weeks ago. Rep. Kind wrote clearly that: “The purpose of Congress creating Refuges is to provide protection against development and incursions.”
- Great Lakes Now: Total Maximum Daily Load: Court Case Looks to Push for Ohio EPA Nutrients Limit for Lake Erie: Check out this good article explaining the U.S. EPA’s and Ohio EPA’s continued failures to step up and act to sufficiently reduce manure and fertilizer runoff pollution that consistently causes toxic algae outbreaks in western Lake Erie. ELPC public interest attorneys are stepping up with our Clean Water Act enforcement litigation in the U.S. District Court for the Northern District of Ohio to make a difference. We expect a key ruling from Judge James Carr later this fall.
- MLive: Whitmer says Line 5 easement decision coming in ‘very near future’: An extensive state review of Canadian energy giant Enbridge’s compliance with easement requirements for its Line 5 pipeline under the Straits of Mackinac is wrapping up soon, according to Michigan Gov. Gretchen Whitmer. Whitmer said the Department of Natural Resources (DNR), which holds the easement title, is finishing its review during remarks to the Chicago-based Environmental Law & Policy Center.
Thank you for all you do to help protect our environment for people, our communities and our planet.
Best wishes,
Howard A. Learner
Executive Director
Environmental Law & Policy Center
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