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6 - Proposal for Enhanced Stewardship and Rights-Based Protections for the Voiceless

Published online by Cambridge University Press:  28 October 2019

Randall S. Abate
Affiliation:
Monmouth University, New Jersey
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Summary

Chapter 6 proposes a framework to enhance protection of the voiceless in the Anthropocene era. It proposes a substantive standard based on sustainable development, catalyzed by the climate change crisis, and accompanying procedural mechanisms to enforce that standard. Enforcement of the sustainable development standard can be achieved through plaintiffs asserting a procedural and/or informational injury from a government’s breach of duties toward future generations, wildlife, and/or natural resources. These protections can be patterned after US federal environmental laws like the National Environmental Policy Act (NEPA), which reflects ecocentric thinking, whereby an agency’s failure to undertake procedures or provide information designed to fulfill stewardship duties toward the voiceless community would enable humans to sue on behalf of those protected entities to compel the performance of the duty.

Type
Chapter
Information
Climate Change and the Voiceless
Protecting Future Generations, Wildlife, and Natural Resources
, pp. 173 - 228
Publisher: Cambridge University Press
Print publication year: 2019

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