Evaluating an environmental right: Information disclosure, public comment, and government decision making in Ontario

In 1993, the Ontario government enacted the Environmental Bill of Rights (EBR). The EBR guarantees residents of the province, among other things, the right to comment on permit requests to take water and to discharge into the air and a guarantee that these comments are taken into account in the decision to approve or deny a permit. We model the firm's decision to request a permit, a resident's decision to provide public comment, and the government's decision to approve or deny permit requests to use water or air. Our examination of 1,000 government decisions regarding permit requests leads to two key findings: (1) few permit requests receive any public comment; and (2) to the extent that the public does comment, we find no empirical evidence that comments affect the likelihood that the government will deny a permit request. Our theoretical model anticipates the first result: there are few comments observed for permit applications, because each individual has an incentive to undercontribute to the provision of a public good. The second result did not support the theoretical argument we advance: government, acting to maximize social welfare, takes public concern as a signal of environmental damage.