Recognising limits through procedural and substantive environmental rights

In this chapter the role of procedural rights in shaping outcomes is examined, in the context of recognising environmental limits in decision-making. Procedural rights allow individuals and communities to engage in environmental decisions – the right to access information, participate in decision-making processes, and challenge decisions, either through appeal mechanisms or the courts. These rights establish transparency and support accountability, and can change the course of entire areas of development, such as in relation to shale gas. Substantive rights pertain to the actual entitlement of a specific environment, such as a healthy environment or a healthy home or clean air. This chapter examines the role these rights play in recognising environmental limits. Alongside the examination of procedural rights, the role that substantive rights have to play, and the gap that is left in their absence, this chapter goes to the question of whether it is only authorities who have responsibility on making the environmental limits of climate change emissions matter, or whether there is need for rebalancing rights and responsibilities in the governance of fossil fuel decision-making so that communities can play a greater part in setting and enforcing environmental limits on fossil fuel extraction.