Environmental Conflict Resolution: Resources Available (NPS Digest)

Angry people with pitchforks! And torches! Bar the doors before it’s too late! Is this your nightmare?

Conflict is an element of complexity often woven into some of the National Park Service’s most important management decisions. Understanding the principles and processes of Environmental Conflict Resolution (ECR) is critical to managing conflict early and effectively. ECR is a term used for external conflict management processes and practices – usually involving land or environmental resources and often engaging the help of neutral third parties. ECR and other collaborative processes are designed to bring people with different views and interests together in a systematic and organized way to find workable solutions to environmental issues. ECR is also a tool for NPS managers to comply with federal requirements under such authorities as the Administrative Dispute Resolution Act (1998), Regulatory Negotiation Act (1996), OMB-CEQ ECR Policy (2005), DO 75A: Civic Engagement and Public Involvement, and the January 2009 Presidential Memorandum on Transparency and Open Government. And more is coming….

What kinds of problems can ECR address? Examples include:

Managing recreational uses while still protecting a sensitive resources
Endangered species issues
Federal and Tribal government relations
Disputes related to pollution
Managing land uses for people to use and enjoy in different ways
Natural resources disputes
Conflicts over the siting of facilities

For ECR case studies, see: http://www.ecr.gov/Projects/Projects.aspx

Does ECR always work? No. For ECR to work, the circumstances and conditions must be right. ECR works best when issues are a high priority to all parties, all affected stakeholders are willing and able to participate, no single party can resolve the situation on its own, and outcomes are genuinely in question. ECR may not work when resolving the issue doesn't seem that important to key stakeholders, when one or more key parties have other avenues to better achieve their interests, or when not everyone involved agrees that there is conflict. When it does work, ECR has been shown to result in better policy development; earlier implementation of rules; higher compliance rates; lower rates of litigation on the issues; and more cooperative relationships between the agencies and stakeholders.

Assistance with ECR is available from several federal programs and a roster of facilitators. The Department of the Interior (DOI) Office of Collaborative Action and Dispute Resolution (CADR) promotes, coordinates and facilitates greater use of alternative dispute resolution and consensus-building processes throughout DOI (http://www.doi.gov/cadr/). The U.S. Institute for Environmental Conflict Resolution (IECR) is a federal entity created by Congress as part of the Morris K. Udall Foundation, and is charged to work on environmental conflicts when a federal agency is involved (http://www.ecr.gov/HowWeWork/HowWeWork.aspx). IECR offers free case consultation and facilitation/mediation networking, as well as fee-for-service training and a full range of assessment, mediation, and facilitation services.

Do you have a case study experience to share? NPS must report all of these activities in an annual report to OMB/CEQ. Our deadline for the 2009 report is December 15. Please contact Lindy Nelson or Marcia Keener if you have a case to report. Although ECR refers specifically to collaborative processes aided by neutral third-parties, we are interested in the broad array of partnerships, cooperative arrangements, and unassisted negotiations that federal agencies enter with non-federal entities to manage and implement agency programs and activities.

Additional information on ECR and collaborative problem-solving process and upcoming training opportunities (including the biannual ECR 2010 National Conference, May 25-27, 2010) can be found at:

The U.S. Institute for Environmental Conflict Resolution: www.ecr.gov
Department of the Interior, Office of Collaborative Action and Dispute Resolution: www.doi.gov/cadr/

For more information on accessing available ECR resources, guidance, or tools, contact Marcia Keener (Office of Policy, Marcia_Keener@nps.gov, 202-208-4298), Sandy Hamilton (Environmental Quality Division, Sandra_Hamilton@nps.gov, 303-969-2068), or Lindy Nelson (Environmental Quality Division, Lindy_Nelson@nps.gov, 202-513-7207).

Contact Information
Name: Joe Carriero, External Affairs Program Manager