The performance of public consultation in general environmental rulemaking: Towards a greater participation

Abstract

This Article analyzes public participation in environmental quality and emission standards decision-making processes between 2012 and 2019. The available evidence shows a basic problem: the number of citizen comments processed is very low. Two possible explanations are offered —the activities carried out by the administrative authority are insufficient and the high participation costs involved in generating a citizen observation that has eventually the possibility of influencing the process. The Article concludes with two kinds of proposals (one institutional and the other administrative) as mechanisms to mitigate the information asymmetry existing between the citizenry and the authority in this type of environmental public participation.