Facing up to the roots of environmental disputes.

• Author: Wenig, Michael M.
• Position: Environmental law

In nearly twenty years of working in the environmental field, I have observed numerous environmental disputes, many from the sidelines and many from the trenches. In all disputes, I have wondered about their root causes.

Environmental disputes typically focus on complex scientific issues or procedural legal wranglings, but these subjects are often simply the outward manifestations of much more fundamental differences of view. But what are these fundamental differences? Are they just philosophical or are there cultural and psychological differences, as well? I feel confident that all three factors are at play, but I am much less sure what the differences are in each of these areas and how those differences provide the root causes of environmental disputes.

As for philosophy, much of the environmental philosophical debate focuses on whether humans are the only living organisms, or components of the environment, that have an inherent right to exist. But this debate seems somewhat academic. A strong environmental protection approach could be justified on strictly utilitarian (i.e. anthropocentric) grounds, on the one hand. A so-called non-anthropocentric approach must still make some accommodation of human interests, on the other hand. Under these circumstances, neither side of the philosophical coin provides a ready guide for determining what levels of environmental protection are appropriate and what human sacrifices are justified to achieve those levels.

From my experience, I am also unconvinced that there are readily and consistently distinguishable cultural traits of the usual camps or opponents in environmental disputes. For example, the frequently used "bunny hugger" label for environmental activists is a complete misnomer. The activist ranks include not only urbanites and Birkenstock-wearing vegetarians who still tie-die their clothes and brake for animals, but also avid hunters and fishers, skilled mechanics and builders, hockey players and fans, cowboys, outfitters, and ranchers and farmers. Some are card-carrying environmentalists and others have taken great pains to avoid that brand, but have worked tirelessly to protect the local area or region of interest (which is not always simply the area in their own backyard). Some are old and others are young. The ranks of industry and government are similarly culturally diverse (even if they tend to dress homogenously at work).

Psychology is a similarly problematic basis for explaining the...