Sustainable Development as Environmental Harm : Rights, Regulation, and Injustice in the Canadian Oil Sands

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Acknowledgements
List of Abbreviations
PART I Background and Analytical Lens
	1 The Oil Sands and Their Discontents
		Green Criminology and Environmental Harm
		First Nations, Cultural Loss, and Treaty Rights
		Focus of the Book
		Data Collection and Methods
		Book Structure
	2 Regulating ‘Sustainable Development’ of the Oil Sands Resource
		The Conceptual Contours of ‘Sustainable Development’
			Ecological Modernisation
			Eco-Socialism
		The Regulatory Process in Focus: Irregularity of Form, Consistency of Function
		The ‘Planning’ Stage and the Duty to Consult and Accommodate
			The ‘Approval’ Stage and the Content of the ‘Public Interest Test’
		Conclusion
PART II The Regulatory Process
	3 The Directing Features of Policy and Strategy
		The Pursuit of Growth and the Universalisation of Its Benefits
		The Facilitation of Growth Using Techno-Scientific Mitigation
		The Legitimation of Growth via Aboriginal Participation in Environmental Decision-Making
		Conclusion
	4 Issues with the ‘Planning’ Stage of the Regulatory Process
		The Marginalisation of First Nation Voices in the Lower Athabasca Regional Plan
		The Marginalisation of First Nation Voices and Abstraction of Treaty Rights from Material Reality
		Justifying Marginalisation: Paternalistic Provincialism and the Disinterested Stance of Government in Modifying Consultation
		Conclusion
	5 Issues with the ‘Approval’ Stage of the Regulatory Process
		1997–1999: Absent Data and Unforeseen Consequences
			1997–1999: Water Quantity and In-flow Needs
			1997–1999: Water Quality and Tailings Management
			1997–1999: The Need for Cumulative Effects Monitoring
		2004–2007: Risk-based Mitigation, Faith in Future Technology and the Increasing Awareness of Flawed Cumulative Effects Management Initiatives
			2004–2007: Water Quantity and In-flow Needs
			2004–2007: Water Quality and Tailings Management
			2004–2007: Concerns Surrounding Industry-led Cumulative Effects Initiatives
		2011–2013: Absent Data, Foreseen Consequences and Requests for Greater Government Participation at the Level of Strategy
			2011–2013: Water Quantity and In-flow Needs
			2011–2013: Water Quality and Tailings Management
			2011–2013: Pursuit of Greater Government Involvement in Cumulative Effects Management
		Public Hearing Decisions at the ‘Approval’ Stage: A Summary
		Issues Raised by Regulatory Personnel and the Influences on their Decision-Making
			The Technical and Participatory Inadequacies of the Lower Athabasca Regional Plan
			Influences on the Regulator’s Ability to Reject a Project Application
		Conclusion
PART III The Catalyst for Harm and Inefficacy of Control
	6 The Catalyst for Harm: ‘Weak’ Ecological Modernisation in Policy and Practice
		The Manufactured Necessity of ‘Weak’ Eco-Modernisation Policy in the Context of Neoliberal Political Economy
		Rational Elitism and the Justificatory Power of Idealised Consensus at the Level of Operations
		Flawed Techno-Scientific Precaution and the Fallacy of Dematerialisation
		Conclusion
	7 The Inefficacy of Control: Systematic Infringement of Treaty Rights and the Justificatory Function of Compound Denial
		Actualising a Diluted Duty to Consult and Accommodate
			Substantive Treaty Rights
			The Trigger of the Duty to Consult
			The Duty to Consult
			The Duty to Accommodate
		Paternalistic Provincialism as a Form of Compound Denial
			Appeal to Higher Loyalties
			Denial of Responsibility
			The Metaphor of the Ledger
		Conclusion
	8 ‘Sustainable Development’ as Environmental Harm: The Lessons of the Canadian Oil Sands
		Implications
			Theoretical Implications
			Policy Implications
		Conclusion
References
Index