Environmental Dispute Resolution
Springer Science & Business Media, Nov 30, 1984 - Science - 372 pages
This book has its origins in an M.I.T. research project that was funded by the U.S. Environmental Protection Agency (EPA). Our immediate objective was to prepare a set of case studies that examined bargaining and negotiation as they occurred between government, environmental advocates, and regulatees throughout the traditional regulatory process. The project was part of a larger effort by the EPA to make environmental regulation more efficient and less litigious. The principal investigator for the research effort was Lawrence Sus skind of the Department of Urban Studies and Planning. Eight case studies were prepared under the joint supervision of Susskind and the authors of this book. Studying the negotiating behavior of parties as we worked our way through an environmental dispute proved enlightening. We observed missed oppor tunities for settlement, negotiating tactics that backfired, and strategies that ap peared to be grounded more in intuition than in thoughtful analysis. At the same time, however, we were struck by how often the parties ultimately managed to muddle through. People negotiated not out of some idealistic commitment to consensus but because they thought it better served their own interests. When some negotiations reached an impasse, people improvised mediation. These disputants succeeded in spite of legal and institutional barriers, even though few of them had a sophisticated understanding of negotiation.
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acceptable administrative agency agreed agreement air pollution air quality alternatives approval bargaining boiler Brayton Point Brown chapter Clean Air Act coal commission concerned conflict consensus construction corps costs court decision Denver DEQE discussion effect effluent emissions enforcement environ environmental disputes environmental mediators environmentalists EPA's ESECA example facility federal Foothills Project groups hazardous waste Holston River Home Box Office impact incentives interests involved issues judges Lawrence Susskind lawsuit limit litigation mediator's meeting ment Merson municipalities negotiation NEPCo North Platte River O'Connor officials outcome participation particulate parties permit plant pollution control position possible problem procedures proposed questions regional regulations regulatory represented resolve responsibility rulemaking secondary treatment settle settlement South Park standards strategy sulfur sulfur dioxide Susskind technical Tennessee Eastman Teton County tion town waiver water quality West Coast municipalities Wirth