Justice, Democracy, and Hazardous Siting

In this essay we examine some issues of justice associated with the siting of hazardous industrial facilities. Utilitarian justifications of siting decisions are inadequate because they fail to address questions of fairness. Approaches that consider questions of distributive equity provide a better framework for siting justice, but are still incomplete. Limiting questions of justice to the distribution of benefits and burdens fails to examine the justice of procedures for deciding such issues of distribution. We argue that justice requires a participatory communicative democratic process for siting hazardous facilities, in two respects. It is prima facie unjust to impose a risk on citizens without their having participated in the siting process. Participatory communicative democratic procedures in facility siting, moreover, when structured according to specific norms of discussion and inclusion, are likely to yield the most just outcomes. We propose procedural as well as substantive conditions for such democratic procedures, and briefly apply these conditions to evaluate the siting of a landfill in Switzerland.