Environmental Law and Democratic Legitimacy

This article examines two conceptions of the democratic process – “liberal economic theory” and “civic republican theory.” It concludes that neither theory satisfies its own respective criteria for legitimacy in the context of environmental policymaking. The article advocates a Deweyan-style pragmatism in environmental policymaking, recognizing that the best we can hope for is “muddling through.” The article also responds to criticisms that have been leveled against this inherently incremental approach