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Full-Text Articles in Law
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 …
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 …
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 …
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 …