Abstract
In the United States, the common interest often is conceived as a by-product of the pluralist, interest-group-driven democratic process. Special interests dominate in many political arenas. Consequently, we have lost the language, vocabulary, and ability to talk about the common interest. The way to reverse this trend is to develop and practice with new tools that allow us to articulate what we mean by the common interest in specific contexts. In this article, we leveraged the literature on procedural, substantive, and pragmatic decision making to illustrate how they work together to demonstrate whether and how the common interest was served in three case studies of Healthy Forests Restoration Act implementation on the Apache-Sitgreaves National Forest in Arizona. In two of the cases we found that the common interest was mostly served, while in the third case it was not. Our results raise questions about the ability of procedural criteria or substantive criteria alone to determine effectiveness in decision making. When evaluated together they provide a more complete understanding of how the common interest is or is not served.
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Notes
The National Environmental Policy Act of 1969, as amended (Pub. L. 91–190, 42 U.S.C. 4321–4347, January 1, 1970, as amended by Pub. L. 94–52, July 3, 1975, Pub. L. 94–83, August 9, 1975, and Pub. L. 97–258, § 4(b), Sept. 13, 1982). The purposes of this act are to declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality (Sec. 2 [42 USC § 4321]).
In December 2007 the Ninth Circuit Court struck down the hazardous fuels reduction categorical exclusion because it failed to comply with NEPA. The court found that the agency did not properly consider all the relevant factors and information needed to make a “reasoned decision”. Consequently, the promulgation of the fuels categorical exclusion was deemed arbitrary and capricious.
Adding to process delay are uncontrollable circumstances on the part of the U.S. Forest Service, including staff rations, lack of NEPA training, and season staff furloughs to fight fires.
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Acknowledgments
This research was funded through a grant from North Carolina State University’s College of Natural Resources. We would like to thank Caitlin Burke for her valuable comments on an earlier version of this article. We would also like to thank three anonymous reviewers for their constructive criticism. Their collective perspective greatly improved this manuscript. All claims and errors are the responsibility of the authors.
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Steelman, T.A., DuMond, M.E. Serving the Common Interest in U.S. Forest Policy: A Case Study of the Healthy Forests Restoration Act. Environmental Management 43, 396–410 (2009). https://doi.org/10.1007/s00267-008-9264-6
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DOI: https://doi.org/10.1007/s00267-008-9264-6