The Constitution of the Environmental Emergency

Introduction
I. Methodology, Terminology and Context
II. Outline of the Book
Part I: The Environmental Emergency
1. The Concept of the Environmental Emergency
I. The Environmental Emergency
II. Failing Schmitt's Challenge
III. The Formal Conception of the Rule of Law
IV. Conclusion
2. Environmental Reform: The Problem of Discretion in Environmental Law
I. The Environmental Reform Position
II. Black and Grey Holes in Canadian Environmental Law
III. Impoverished Environmental Reform Solutions
IV. Conclusion
3. Environmental Governance: The Problem of Law in Environmental Law
I. Old and New Governance
II. Three Examples of Environmental Governance
III. Reclaiming the Rule of Law
IV. Conclusion
Part II: Responding to the Environmental Emergency 4. The Requirement of Public Justification
I. Responding to Schmitt's Challenge
II. Public Justification: A Democratic Conception of the Rule of Law
III. Conclusion
5. Institutional Design: Reforming Forest Practices
I. The Institutional Dimensions of Public Justification
II. The Forest Practices Board and the Mountain Pine Beetle Response
III. The Forest Practices Board and Its Governance Response
IV. Conclusion
6. Pipelines and Principles: Reasonableness and Fairness in Environmental Law
I. The Pipelines, the NEB and Their Problems
II. In Defence of Environmental Principles
III. Publicly Justifying the Pipelines 7
IV. Conclusion
7. Reasoning Adequately: Wind Turbine Risks and Benefits
I. The Confluence of Environmental Factors in Wind Turbine Development
II. The Method and Purpose of Reasonableness
III. Reasoning Adequately about Wind Turbine Approvals
IV. Conclusion
8. The Rule of Law and the Right to a Healthy Environment
I. The Case for a Charter Right to a Healthy Environment
II. Environmental Protection and Section 7 Adjudication
III. Common Law Constitutional Rights Adjudication
IV. Conclusion