Dread risks draw significant public attention in both the administrative process and the courts. Yet there are a number of dysfunctions at the intersection of procedures, participation, and agency decision-making regarding such risks. This Article elaborates the participatory dysfunctions for dread risk regulation, considering formal APA procedures as well as casting complexity as a variety of formality. Inspired by recent executive actions for improving participation and incorporating social science insights into the regulatory process, this Article sets a research agenda that spans the fields of risk perception, procedural justice, and administrative law.
"Public Participation in Risk Regulation: The Flaws of Formality,"
Utah Law Review: Vol. 2016:
1, Article 4.
Available at: https://dc.law.utah.edu/ulr/vol2016/iss1/4