Current and Completed Projects (illustrative )
Mediated Outer Continental Shelf (OCS) air quality regulations for California . Issues included application of local and state regulations, development of a “technology driven” standard, and economic and environmental impacts. Participants included the federal government, including the Department of the Interior, the Environmental Protection Agency, the Department of Justice, and the Office of Management and Budget; 2) the State of California including the Coastal Commission and State air quality administrators; 3) local governments from San Diego to Eureka; 4) the oil industry including the major companies involved in exploration and development along the California coast; and 5) local, state and federal environmental interests including Citizens Planning Association (Santa Barbara), Citizens for a Better Environment, Coalition for Clean Air, Natural Resources Defense Council and the Sierra Club. A draft agreement was reached but not formally ratified. Ratification was, first, delayed by the presiden tial election and, then, by the Exxon Valdez oil spill. Nevertheless, when authority shifted to EPA, the Agency promulgated and ultimately adopted a rule which reflected the elements in the draft agreement. (1986-88)
Mediated issues related to relocation and expansion of the terminal at Burbank-Glendale-Pasadena Airport . The issue was, and continues to be litigated on a number of issues. The major parties were the three cities and the Airport Authority (which is a creature of the Cities). Significant issues included growth, tax and other revenues, noise, and control over decisions. A number of alternative packages for resolving the issues were considered but agreement was not reached. (1996-97)
Mediating (with a team) Multi-Species Conservation Plan for Lower Colorado River Basin . The parties include five Federal Agencies (Bureau of Reclamation, Bureau of Indian Affairs, Fish and Wildlife Service, Bureau of Land Management, National Park Service); the States of California, Arizona, and Nevada; five Tribal Nations; local and county governments; power generation (including Arizona Power Authority, Southern California Public Power Association and its members and Nevada Power Company); irrigation districts; metropolitan water users; conservation interests; and recreational interests. Focus is on 102 named species and the development of conservation and management strategies for their protection and recovery under the provisions of the Endangered Species Act. (1997- )
Mediated regulatory structure for placer mining in Canada 's Yukon Territory . Parties included the Federal Departments of Fisheries and Oceans and Indian Affairs and Northern Development, and Environment; Government of the Yukon; Council of Yukon First Nations: and Yukon Placer Mining Association, fisheries and conservation interest groups. The issues included competing levels of governmental authority, gravels and waste materials handling, water quality and turbidity standards, habitat and stream restoration, monitoring and compliance and the process for implementing the regulations. Consensus was reached on a regulatory package which was forwarded to the Minister for approval and implementation on June 30, 2002. (2002)
Facilitated and mediated a series of meetings involving the international mining industry and international non-governmental organizations (NGO's) in the exploration of standards for implementing a sustainability policy for the mining industry (environmental, social, cultural and economic sustainability). The initial policy development focused on a single company (Placer Dome, Inc.) and began with a consideration of its properties in Papua New Guinea and resulted in the development of a corporate policy and strategies concurred in by the NGOs. This effort led in part to an international initiative “Mining Minerals and Sustainable Development”, an ongoing effort involving the World Business Council, NGOs and the International Institute for Sustainable Development. (1998 - )
Mediated a dispute over the development of a “yellow cake” (uranium mine) in the Gunnison National Forest of Colorado. The Homestake Corporation had prevailed in a series of court actions opposing mine development and the issues in this case focused on protection of the environment, water quality and site reclamation. The parties were the Corporation and a coalition of more than 30 environmental and recreation organizations led by the National Wildlife Federation. Agreement was reached on a plan which included backfilling the pits, an endowed entity to protect water quality in perpetuity and a joint covenant not to sue if the agreement was implemented as specified and formally signed in the Office of Colorado Governor Lamm. Of particular note was the joint authorship by the attorneys representing each side of a paper discussing the use of mediation is such cases from the perspective of their two “sides”. (John L. Watson and Luke J. Danielson, “Environmental Mediation”, Natural Resources Lawyer, v. 15, no. 4, 1983, pp. 687-723.) (1980-81)
Mediating, by appointment of the Court, issues relating to water rights in a major western U.S. water basin. Parties include the U.S. Department of Justice, Bureau of Reclamation, and Bureau of Indian Affairs; the State of Washington ; Indian Nation; and a number of irrigation districts and municipal water users. Issues include federal vs. state authority; existing administrative and legal decisions, relinquishment of water rights, water conservation, and water use. (2000 - )
Mediated , by appointment of the Governor, a special session of the Washington Legislature (house and senate), assisting in their development of a legislative package to give effect to the recommendations of the Blue Ribbon Commission on Transportation (see below). Consensus Mediated issues related to water quality and hydro-period (quantity, timing and flow) to the Florida Everglades. Conflict over the issues had resulted in more than 35 legal and administrative actions involving federal agencies, the State of Florida , the Miccosukee and Seminole Tribes, The South Florida Water Management District, agricultural interests and environmental groups. Agreement was reached on a plan that would decrease nutrients, increase available water and reintroduce sheet-flows to the Everglades system. The plan will result in construction of 40,000 acres of artificial marshes, "replumbing" the existing canal system and changes in agricultural practices. The plan, along with a shared funding plan developed in mediation, was adopted by the Florida legislature in 1994 and the Congress in 2000. (1992-94)
Facilitated and “coached” the 38 member Blue Ribbon Commission on Transportation. The Commission was created jointly by the Governor and Legislature of the State of Washington to make recommendations on revenue sources, “investments” (transportation projects) and administration. My role included assisting in the development of Commission structure and procedures, coaching the Chair, staff and subcommittee chairs on process, and facilitating key meetings and retreats. The Commission completed its work in December 2000 with consensus recommendations on an ambitious menu of projects with related revenue sources, organizational restructuring and benchmarks for measuring the performance of transportation agencies. (1998 - 2000)
Mediated a 200 year old land claim dispute involving the Pueblo Sandia; U.S. Departments of Justice, Agriculture and Interior; county and city government; a private corporation; and local property owners. Issues included boundaries of the Pueblo , management of the disputed area, administrative and enforcement issues, and intergovernmental relations. Agreement was reached between the U.S. , the Pueblo and the private corporation but was not concurred in by the other parties. The agreeing parties established a two year “option” on the agreement pending outcome of further legal actions and proposed Congressional legislation. (1998 - 9)
Mediated new rate structure for low level radioactive waste disposal at the Northwest Compact site in Washington State . Parties included the Washington Utilities and Transportation Commission staff, other state agencies, the site operator, approximately 150 waste generators and interested publics. Previous rate setting proceedings had resulted in adversarial and costly proceedings that included court actions. Consensus agreement was reached on a new rate structure characterized by its congruence with a study of “cost causers” and phased in over a period of three years. Mediator coordinated the design of the costs study and facilitated technical committee and site assessments. The new rate structure will stand for six years with agreed upon inflation adjusters. The rate structure recommended by consensus to the Commission and was adopted unanimously on the day of the hearing. (1994-95)
Special adviser to Canada 's National Round Table on the Environment and the Economy. Recent services included the design and provision of a one and one-half day workshop on the settlement of multi-stakeholder disputes offered in Charlottetown, Prince Edward Island to members of the Round Table, municipal and provincial officials in the region and representatives of industry, environmental groups and First Nations and consensus development of a handbook, Building Consensus for a Sustainable Future: Guiding Principles . (1990 - 5)
Special adviser on dispute resolution systems and structures to the British Columbia Round Table on the Environment and the Economy. The Round Table was formed in response to the United Nations World Commission on Environment and Economic Development and is charged with developing a "sustainable development" strategy for the Province. Its 29 members represent provincial, local and Tribal government, industry, environmental groups, labor, the academic community and others. Structures and procedures for settling environmental/economic disputes are being developed. (1990-94)
Co-authored a background paper, "Elements of a United Nations Environment and Development Dispute Prevention and Settlement Service" for and provided consultative services to the Preparatory Committee for the United Nations Conference on the Environment and Development. Worked directly with member nations in developing a formal proposal for the resolution of trans-boundary pollution conflicts. (1991)