Case Studies Database

Balancing Environmental and Industrial Concerns Over Coastal Zone Issues in Delaware

After a 25 year impasse around enacting regulations to implement the Coastal Zone Act, the Delaware Department of Natural Resources and Environmental Control convened a negotiated rulemaking process. Twenty stakeholder groups participated in interest-based negotiations to develop regulations, which the agency formally adopted.

Delaware

State Agency / Governor

1996

Collaboration on Flood Mitigation Plans in Northern Plains States

To address repeat flooding in the Northern Plains, the Federal Emergency Management Agency sponsored an International Flood Mitigation Initiative. With the help of the Consensus Council, the Initiative brought together the various stakeholders in the United States and Canada to seek consensus on a regional, flood management plan. The group produced 14 distinct initiatives and their implementation is underway.

Minnesota
North Dakota
South Dakota
Canada

Federal Agency

1998-2001

Collaboration Results in Sustainable Dredge-Material Projects

Contentious issues relating to dredge material disposal in the Columbia River led the governors of Oregon and Washington to convene a group of key government, fishing industry, and environmental stakeholders. With help from the National Policy Consensus Center, the Lower Columbia Solutions Group was formed. The group has reached consensus on a number cooperative planning and implementation strategies aimed at sustainable, beneficial-use projects along the lower river.

Washington
Oregon

Governors

2002

Dealing with PCBs in the New Bedford, MA Harbor

New Bedford Harbor was designated a Superfund site because of PCB contamination. Acrimony over clean up plans led the community to seek help. A forum composed of 25 stakeholder groups and regulatory agencies organized to address concerns over the EPA's proposal to incinerate PCB-laden sludge. Participants were able to reach consensus on an alternative disposal plan.

Massachusetts

State DR Office / Community Group

1993-1998

Mediating the Use of Lake Michigan's Water

Faced with a reoccurring conflict over Chicago's diversion of Lake Michigan water, the United States Justice Department and Solicitor General's Office convened a mediation process involving eight Midwestern states. The mediation was a success, ending years of conflict and producing a Memorandum of Agreement between all eight states.

Illinois
Michigan
Wisconsin
Indiana
Minnesota
Ohio
New York
Pennsylvania

Federal Agency

1996

Montana Stakeholders Develop Consensus on Hazardous Waste Liability Legislation

Environmental groups, regulatory agencies, and industry struggled to find an alternative to the controversial strict, joint, and several liability for hazardous waste cleanup prescribed by Montana Law. To put an end to the conflict, the Montana legislature mandated the Department of Environmental Quality implement a collaborative process to draft a better law. The Montana Consensus Council helped organize stakeholders and implement a consensus process that resulted in recommendations to the legislature and led to the passage of two bills.

Montana

Legislature

1997

Negotiating to Meet TMDLs for a Washington River

Strict TMDL requirements on the Payallup River limited the number of permits available and created fierce competition among stakeholders. The Puyallup Tribe, the Washington Department of Ecology, and USEPA convened a committee of stakeholders to reach consensus on the allocation of discharge permits for the river. Through mediation and consensus building, the committee agreed on allocation of the existing permits and established principles to guide future decisions.

Washington

State Agency

1998

Ohio Negotiates Regulations Governing Environmental Impacts from Large Scale Farms

After years of controversy surrounding the environmental impacts of large scale livestock and poultry farms, the Ohio legislature mandated the Department of Agriculture (ODA) create regulatory rules for the Livestock Waste Permitting Program. ODA created a 24- member Concentrated Animal Feeding Facility Advisory Committee. The committee used interest-based negotiation to successfully produce new regulations, which were well received by various stakeholders and ultimately adopted.

Ohio

Legislature

2001-2002

Protecting Instream Flows in Montana

When the Montana Department of Natural Resources and Conservation attempted to develop proposals to preserve in-stream flows, things got tense. The parties, including ranching, farming and environmental groups, decided to try to work together to arrive at a solution that would balance the interests of recreational users and ranchers. The Montana Consensus Council assisted by convening stakeholder representatives, who reached consensus on a proposal for leasing the rights to use in-stream water. The measure was later enacted into law.

Montana

State DR Office

1994

Reaching Consensus in Ohio on Water Quality Standards

Following years of conflict between industry and environmental groups over the state's water quality standards, the Ohio EPA formed a stakeholder group to try to reach consensus on new water quality rules. The group, "Great Lakes Initiative External Advisory Group," reached consensus on 81 issues and Ohio EPA adopted new rules based on their proposal.

Ohio

State Agency

1996-1997

Republican River Negotiations Result in Mediated Settlement

Conflicts among the states of Nebraska, Kansas, and Colorado over equitable division of the Republican River have simmered for decades. Several attempts to mediate compact disputes failed, and in the late 90s Kansas filed suit in the U.S. Supreme Court against Nebraska and Colorado to enforce their compact rights. Eventually, parties in this highly contentious case began confidential mediated settlement talks. Each state had its own team of mediators, as did federal government officials. After several years of negotiating, the long-standing conflict resulted in a Final Settlement Stipulation.

Kansas
Nebraska
Colorado

States and Federal Agency

1999

Resolving an Endangered Species Conflict in Las Vegas, Nevada

After the desert tortoise was declared an endangered species in Las Vegas and surrounding Clark County, Nevada, a battle ensued around imposition of a building moratorium. The County convened a diverse group of stakeholders to develop a habitat conservation plan (HCP). During the first year, the group was developed a short-term HCP so that the court would lift the moratorium. Subsequently, the committee developed a permanent HCP, which balanced the interests of all stakeholders and ended the long-standing conflict.

Nevada

County Government

1986-1995

Restoring Oregon's Coho Salmon and Watersheds

In a proactive move to try to prevent the listing of Oregon's Coho Salmon as an endangered species, Governor Kitzhaber convened key stakeholders in a consensus process to produce a comprehensive salmon recovery plan. At the same time, the Governor convened a group of stakeholders to address water quality standards in Oregon's polluted streams. Ultimately, the groups merged to form the Oregon Plan for Salmon and Watersheds. By asserting his leadership and endorsing the consensus process, the Governor helped secure public support and legislative funding necessary to carry out the project.

Oregon

Governor

1996-1997

State-County Collaboration Leads to Successful Wind Farm Siting

Wind energy permitting procedures are typically slow and require coordination among federal, state, and local governments as well as private business, local residents, and environmental organizations. When wind power developers targeted Sherman County Oregon as a potential development sight, Governor Kitzhaber initiated a community level collaborative process. Local leaders responded and convened a group of stakeholders to work as a team and address permitting issues proactively. The project helped minimize conflict and streamline permitting. The 24-megawatt wind farm was built and continues to provide a renewable source of energy for the region.

Oregon

Governor

2001

Wisconsin DNR Facilitates Habitat Protection Plan

When the U.S. Fish and Wildlife Service listed the Karner blue as endangered, the Department of Natural Resources in Wisconsin—where there is widespread distribution of the species—developed a statewide Habitat Conservation Plan (HCP) that would both maintain the butterfly habitat and allow continued forestry and highway maintenance activities. The concept of a statewide HCP was revolutionary; to date, almost all HCPs have been limited to a small geographic range and one or two landowners.

Wisconsin

State and Federal Agency

1993