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Articles 1 - 22 of 22
Full-Text Articles in Law
Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore
Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore
Environmental Dispute Resolution Program
Unhealthy air quality. Growing demands for water in an arid state. Conflicts over public lands and how those lands should be managed. These are just a few environmental and natural resources challenges here in Utah that we hear “keep people up at night.” Such challenges are indeed daunting, and they will not be easily solved. However, in every challenge there is an opportunity. And when it comes to environmental and natural resources challenges, there is a powerful opportunity for people to work together to find mutually beneficial solutions that are, as consensus building guru Larry Susskind puts it, “fair, efficient, …
Rocky Mountain Mineral Law Foundation: Special Projects Funding Proposal, Michele Straube
Rocky Mountain Mineral Law Foundation: Special Projects Funding Proposal, Michele Straube
Environmental Dispute Resolution Program
The Environmental Dispute Resolution (EDR) Program requests RMMLF Special Project funding to develop a series of inter-connected role-play simulation exercises that will be used to teach mineral law students and practitioners negotiation and collaborative problem-solving skills in a risk-free, but realistic, environment. Each of the exercises will rely on the same set of facts about a mineral development project. They will be designed to successively engage students in learning key skills and concepts; each simulation will build on the lessons learned in prior exercises. The simulations will be designed to expose participants to a variety of stakeholder roles, with the …
Environmental Dispute Resolution Program: Year 5 Accomplishments: February 2016 – January 2017, Michele Straube, Danya Rumore
Environmental Dispute Resolution Program: Year 5 Accomplishments: February 2016 – January 2017, Michele Straube, Danya Rumore
Environmental Dispute Resolution Program
This report covers activities for the fifth full year of the EDR Program, running from February 1, 2016 through January 31, 2017. The Stegner Center’s EDR Program encompasses four inter-related categories of activity designed to support and expand the use of EDR in Utah and the Mountain West: academic instruction, capacity-building, public education, and facilitation/mediation services.
La Sal Collaboration (Lssc): Final Report And Consensus Recommendation, Michele Straube
La Sal Collaboration (Lssc): Final Report And Consensus Recommendation, Michele Straube
Environmental Dispute Resolution Program
The La Sal Sustainability Collaboration (LSSC) was established in 2014 in response to social, economic, administrative, and ecological concerns for the southern La Sal Mountains and adjoining canyon lands. This 285,000 acre landscape includes private lands and public lands managed by the Bureau of Land Management (BLM), U.S. Forest Service (FS), and the Utah School and Institutional Trust Lands Administration (SITLA). LSSC is co-convened by the Utah Department of Agriculture and Food (UDAF) Grazing Improvement Program and the Grand Canyon Trust (GCT).
Growth, Land Use, And Planning In Bonner County, Idaho, Danya Rumore, Katherine Daly
Growth, Land Use, And Planning In Bonner County, Idaho, Danya Rumore, Katherine Daly
Environmental Dispute Resolution Program
During the summer and fall of 2016, Environmental Dispute Resolution Program staff conducted in-‐depth confidential interviews with 30 individuals representing a diverse range of stakeholder groups in Bonner County, Idaho. The intent of these interviews was to illuminate the diversity of perspectives, areas of agreement and disagreement, and opportunities and challenges related to growth, land use, and planning in the county. A list of stakeholder groups and jurisdictions represented by interviewees is provided in Appendix A. This report shares the findings from this assessment, which are organized according to: summary of findings; vision and priorities for Bonner County; sources of …
Rockville Community Forum : Facilitatrs' Report, Michele Straube, Mara Elana Burstein
Rockville Community Forum : Facilitatrs' Report, Michele Straube, Mara Elana Burstein
Environmental Dispute Resolution Program
The Planning Commission and Mayor of the Town of Rockville, located in Southern Utah, reached out to EDRP for support on how to address contentious community issues surrounding land use, planning, and growth. They asked EDRP to design and facilitate a Community Forum to present the results of the most recent Town Survey in a way that would initiate a community conversation, and to offer process suggestions for town leaders to continue decision-‐making on priority issues in an open and transparent manner.
Collaborative Governance Bibliography, Michele Straube
Collaborative Governance Bibliography, Michele Straube
Environmental Dispute Resolution Program
A Bibliography on Collective Governance
(Environmental) Conflict Resolution Reading List, Michele Straube
(Environmental) Conflict Resolution Reading List, Michele Straube
Environmental Dispute Resolution Program
A Reading List for Environmental Conflict Resolution
Environmental Dispute Resolution Program: Year 3 Accomplishments: February 2014 – January 2015, Michele Straube
Environmental Dispute Resolution Program: Year 3 Accomplishments: February 2014 – January 2015, Michele Straube
Environmental Dispute Resolution Program
Founded in 1994, the Center’s academic program in environmental and natural resources law is ranked in the top 20 programs nationally. The Center has reached beyond the traditional confines of a law school through its diverse educational programs, including its annual symposium, green bag noon-hour lecture series, and evening programs, which are offered to the general public. Through these programs, the Center has brought national and local experts in a variety of fields, including law, science, and public policy, to the community. The Center programs have become an important forum regionally and nationally for promoting public dialogue about how best …
Reflecting On Multi-Party Mediation, Michele Straube
Reflecting On Multi-Party Mediation, Michele Straube
Environmental Dispute Resolution Program
Many traditional legal disputes involve multiple parties. Family disputes often involve the two spouses and a multitude of family members. Business disputes can involve multiple partners, suppliers and customers. Disputes relating to construction projects usually include the project proponent, the project designer, as well as multiple contractors and sub-contractors. These traditional multi-party legal disputes can benefit from mediation, where a neutral third party facilitates the negotiation discussion between the parties, helps the parties find common ground and creates focus out of the potential chaos.
The Washington County Lands Bill And Vision Dixie Collaboration: A Management Model For Public Lands?, Scott Hutchins
The Washington County Lands Bill And Vision Dixie Collaboration: A Management Model For Public Lands?, Scott Hutchins
Environmental Dispute Resolution Program
This paper answers four general questions regarding the Lands Bill and Vision Dixie process. One, did they balance conservation and economic development? Two, did they induce multi-agency collaboration? Three, did they adequately reflect and encourage community and non-profit involvement? Four, did they promote landscape-scale planning? These questions were intended to address the major policy, planning, and management issues affecting many communities and public lands agencies in Utah and the West. This paper concludes that Vision Dixie and the Lands Bill equitably balanced conservation and development interests, and encouraged community involvement in land use planning. They did not, however, facilitate ongoing …
Report Card On Environmental Dispute Resolution In Utah - Grade: Incomplete But Showing Promise, Michele Straube
Report Card On Environmental Dispute Resolution In Utah - Grade: Incomplete But Showing Promise, Michele Straube
Environmental Dispute Resolution Program
The environmental and natural resource professionals who will be in positions of power and influence for decades into the future are not being introduced to the core values and potential benefits of mediation, collaborative problem solving, community engagement, and the many other aspects of EDR as part of their graduate education. Decisionmakers and the stakeholders affected by their decisions are neither regularly made aware of the variety of available decision-making approaches, nor are they regularly reminded of success stories that exemplify something beyond “business as usual.” Participants in well-designed and well-implemented EDR processes become strong proponents of EDR. Unfortunately, the …
Homeless Issues In Downtown Salt Lake City: Situation Assessment, Michele Straube, Jason Steiert
Homeless Issues In Downtown Salt Lake City: Situation Assessment, Michele Straube, Jason Steiert
Environmental Dispute Resolution Program
To effectively address homelessness and related issues affecting downtown Salt Lake City, the Mayor’s Office determined that a comprehensive understanding of the situation was essential. The Wallace Stegner Center Environmental Dispute Resolution Program was brought in to conduct a Situation Assessment exploring public perceptions and existing efforts, and identifying opportunities for collaboration and increased coordination with particular focus on the City’s role. This Assessment Report reflects a snapshot in time about an extremely dynamic situation. The Assessment Team conducted 60 interviews across stakeholder categories: residents, businesses, all levels of government, law enforcement, homeless service providers, homeless individuals and other knowledgeable …
Environmental Dispute Resolution Program: Year 2 Accomplishments: February 2013 – January 2014, Michele Straube
Environmental Dispute Resolution Program: Year 2 Accomplishments: February 2013 – January 2014, Michele Straube
Environmental Dispute Resolution Program
The Stegner Center’s EDR Program encompasses four general categories of activity designed to support and expand the use of EDR in Utah and the Mountain West: academic instruction, capacity-building, public education, and facilitation/mediation services. One primary focus of this first year’s efforts was on meeting with a cross-section of stakeholder interests working on environmental and natural resource issues to introduce the new program and to get their insights on how the program can be most helpful in promoting constructive dialogue on these issues. An equally important focus was to start establishing a track record of accomplishments in each of the …
Homeless Issues In Downtown Salt Lake City : Situation Assessment Proposal, Michele Straube
Homeless Issues In Downtown Salt Lake City : Situation Assessment Proposal, Michele Straube
Environmental Dispute Resolution Program
This project proposes to provide a comprehensive Situation Assessment of the homeless issues affecting downtown Salt Lake City – exploring public perceptions and stakeholder willingness to be part of the solution, while also presenting a complete picture of existing efforts to address homeless issues downtown. The information gathered and analyzed should enable city government to move beyond Bandaid fixes and engage in effective and strategic problem-solving to provide long-term solutions to specific problems identified through the situation assessment.
Moving Forward With Indian Water Rights Settlements, Melinda Moffitt
Moving Forward With Indian Water Rights Settlements, Melinda Moffitt
Environmental Dispute Resolution Program
Although water rights have long been a source of conflict, particularly in the Western United States, the future does not have to include long, drawn-out court battles where a judge determines how much water each party is entitled to. Many successful Indian water rights settlements have already been negotiated, and more are possible as States and tribes come together to negotiate for the good of all parties. More practical, flexible solutions are available to parties who are willing to sit down together, develop the necessary trust, and negotiate the settlement of Indian water rights.
Uinta Basin: Elevated Ozone Creates Opportunities, Not Adversaries, John Robinson Jr.
Uinta Basin: Elevated Ozone Creates Opportunities, Not Adversaries, John Robinson Jr.
Environmental Dispute Resolution Program
This paper examines rural ozone pollution in the Uinta Basin. The pollution issue is complex—scientific uncertainty compounds with jurisdictional issues under the Clean Air Act. A large number of conservation, government, and economic stakeholders take interest in the region’s air quality and there are no easy answers. This paper seeks to stimulate discussion in hopes of fostering a collaborative approach to solving the problem. It includes both a conflict assessment and proposes a process design for moving forward through cooperation.
Kennecott Groundwater Remediation: Collaborative Problem Solving Builds Trust And Reduces Costs, Lauren Carpenter Devoe
Kennecott Groundwater Remediation: Collaborative Problem Solving Builds Trust And Reduces Costs, Lauren Carpenter Devoe
Environmental Dispute Resolution Program
The following case study relies on support from traditional research—all of which is cited throughout—and interviews with representatives from three of the major stakeholders involved in the process analyzed. Interviews were conducted with Dianne Nielson, the former Executive Director of the Utah Department of Environmental Quality (conducted March 15, 2013); Marcelle Shoop, former Kennecott attorney involved in the negotiations and Kelly Payne, Kennecott’s Environmental Manager (conducted March 18, 2013); as well as Richard Bay, CEO of the Jordan Valley Water Conservancy District (conducted March 25, 2013). To protect these individual sources and their ongoing relationships, their statements are not cited …
Conflict Assessment And Environmental Dispute Resolution Process Design Addressing Deposition Of Naturally Occurring Asbestos At Swift Creek, Whatcom County, Washington, Douglas Naftz
Environmental Dispute Resolution Program
Swift Creek presents an unprecedented mixture of complex scientific, geologic, environmental, economic, and sociological issues. Combined, these issues slip into a “seam between the authorities,” making them very difficult to address under the existing regime of environmental law in the United States. As recognized by Melious, as well as the former EPA Region 10 Regional Administrator, Elin Miller the presence of a “seam between authorities” that is not contemplated by existing legal solutions might actually foster the application of a creative collaborative process designed to develop and implement a permanent comprehensive sediment management solution at Swift Creek. In fact, it …
Environmental Dispute Resolution Program: Year 1 Accomplishments: February 2012 – January 2013, Michele Straube
Environmental Dispute Resolution Program: Year 1 Accomplishments: February 2012 – January 2013, Michele Straube
Environmental Dispute Resolution Program
The Stegner Center’s EDR Program encompasses four general categories of activity designed to support and expand the use of EDR in Utah and the Mountain West: academic instruction, capacity-building, public education, and facilitation/mediation services. One primary focus of this first year’s efforts was on meeting with a cross-section of stakeholder interests working on environmental and natural resource issues to introduce the new program and to get their insights on how the program can be most helpful in promoting constructive dialogue on these issues. An equally important focus was to start establishing a track record of accomplishments in each of the …
Collaborative Group On Sustainable Grazing For U.S. Forest Service Lands In Southern Utah: Final Report And Consensus Recommendations, Michele Straube
Collaborative Group On Sustainable Grazing For U.S. Forest Service Lands In Southern Utah: Final Report And Consensus Recommendations, Michele Straube
Environmental Dispute Resolution Program
In the fall of 2011, the Utah Department of Agriculture and Food and the Utah Department of Natural Resources jointly convened a collaborative group to discuss sustainable grazing on the U.S. Forest Service lands in southern Utah. The Forests under consideration were the Fishlake National Forest, the Manti‐La Sal National Forest, and the Dixie National Forest. A diverse array of stakeholders came together to learn from one another, identify current issues, and develop agreement on how Forest Service lands can be sustainably grazed. Representatives from the livestock industry, conservation interests, state and federal agencies, universities, sportsmen’s interests, and local government …
Tushar Grazing Allotments Collaboration: Final Report, Fishlake National Forest, Michele Straube
Tushar Grazing Allotments Collaboration: Final Report, Fishlake National Forest, Michele Straube
Environmental Dispute Resolution Program
The Tushar Allotments Collaboration grew out of an appeal of a decision made by the Forest Service to reauthorize grazing on eight allotments within the Tushar Mountains. The appeal was withdrawn, so that issues regarding existing conditions, desired future conditions and appropriate grazing management actions to move from existing toward desired conditions could be explored collaboratively between the Forest Service, grazing permittees, the appellants and other interested stakeholders, with a focus on two representative allotments – the Pine Creek/Sulphurbeds and Ten Mile allotments.