&EPA
United States Conflict EPA 360-F-00-001
Environmental Prevention and May 2000
Protection Agency Resolution Center
RESOURCE GUIDE:
RESOLVING ENVIRONMENTAL
CONFLICTS IN COMMUNITIES
This Resource Guide describes the alternative and appropriate dispute resolution approaches that
the United States Environmental Protection Agency (EPA) is using and provides information and
contacts to help community members decide if non-adversarial conflict resolution is a good
choice for dealing with their environmental concerns or disputes.
"Iplace great importance on
decision making processes that anticipate and
avoid conflict, and the consensual resolution
of disputes that do arise."
U.S. EPA Administrator Carol Browner
RESOLVING DISPUTES APPROPRIATELY
In our increasingly complex and interconnected world, communities have to deal with complicated
decisions about environmental matters. Controversies may arise over industrial pollution, over the siting
of a new facility, or over the cleanup of an abandoned contaminated property. In most of these cases,
communities will confront difficult economic, environmental, and quality of life tradeoffs. The debates
about these issues can become divisive and lead to conflict, deadlock, or long, expensive lawsuits.
The term alternative dispute resolution (ADR) is used to describe a range of techniques that can help
people settle their disputes without having to resort to litigation or to reach settlement more efficiently
within existing litigation proceedings. The goal of ADR is to have people work collaboratively together
to develop and consider alternatives that can lead to mutually satisfying resolution of their issues. ADR
is based on the theory that people who are involved in a controversy are the ones best able to develop a
reasonable and enduring solution because they know their own needs and interests. In those situations
where the United States Environmental Protection Agency (EPA) has responsibility, such as issuing a
permit or overseeing the cleanup of an oil or chemical spill, the Agency is committed to dealing
proactively with problems and concerns that may lead to conflict and to resolving disputes that do occur
as early as possible and in non-adversarial ways.
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TYPES OF ADR
ADR techniques used at EPA include facilitation, convening,
mediation, consensus-building, and ombudsmen. One thing they all
have in common is the use of an objective third party, often referred
to as a "neutral". The neutral, who has no stake in the substantive
outcome of the effort, helps orchestrate the process and ensures that it
is implemented fairly and that everyone is heard and shares in the
decision making.
CONVENING (OR CONFLICT ASSESSMENT) involves the use of a neutral third party to help
assess the causes of the conflict, to identify the persons or entities that would be affected by the outcome
of the conflict, and to help these parties consider the best way (for example, mediation, consensus-
building, or a lawsuit) for them to deal with the conflict. The convener may also help get the parties
ready for participation in a dispute resolution process by
providing education to the parties on what the selected
process will be like.
FACILITATION is a process used to help a group of
people or parties have constructive discussions about
complex, or potentially controversial issues. The facilitator
provides assistance by helping the parties set ground rules
for these discussions, promoting effective communication,
eliciting creative options, and keeping the group focused and on track. Facilitation can be used even
where parties have not yet agreed to attempt to resolve a conflict.
MEDIATION is a process in which a neutral third party (the mediator) assists disputants in reaching a
mutually satisfying settlement of their differences. Mediation is voluntary, informal, and confidential.
The mediator helps the disputants to communicate clearly, to listen carefully, and to consider creative
ways for reaching resolution. The mediator makes no judgments about the people or the conflict, and
issues no decision. Any agreement that is reached must satisfy all the disputants.
CONSENSUS BUILDING is a process in
which people agree to work together to resolve
common problems in a relatively informal, yet
cooperative manner. It is a technique that can be
used to bring together representatives from
different stakeholder groups early in a decision-
making process. A neutral helps the people to
design and implement their own strategy for
developing group solutions to the problems.
AN OMBUDSMAN is an official who has the
authority to receive complaints and help to resolve
them. EPA has ombudsmen for several programs. They are high-level employees who have the ability to
look independently into citizens' concerns and facilitate the communication and consideration that can
lead to a solution.
RESOURCE 6UIDE: RESOLVING ENVIRONMENTAL CONFLICTS IN COMMUNITIES
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ADR SUCCESS STORIES
SUPERFUND CLEANUP CONVENING AND CONSENSUS BUILDING.
EPA's original cleanup plan for the Pine Street Canal Superfund site was met with strenuous
community opposition for being too expensive and intrusive. The Mediation Consortium, a
private dispute resolution firm, was brought in to help the parties involved come together and
engage in a consensus-building process. A council was established consisting of
representatives of the responsible parties, the regulatory agencies, and community interests.
The council eventually reached a consensus recommendation on a $4.3 million plan for the
site cleanup, a cost of about one-tenth of the original proposal. After additional public
comment, EPA issued a final remedy decision that adopted the council's recommendation.
That plan received overwhelming community support. The participants in the council agreed
that the process ensured their meaningful involvement and resulted in a better outcome for
everyone concerned.
CHILDREN'S HEALTH FACILITATED COMMUNITY DIALOGUE. EPA has
supported 11 community dialogues about environmental threats to children's health. The
goal was to empower communities 1) to evaluate their own local health issues, 2) to set goals
to protect children, and 3) to develop action plans to deal with the identified problems. The
dialogues were collaborative efforts that brought together a wide and representative cross-
section of community members. In some cases EPA provided the facilitation. The
participants did the hard work of grappling with the many and varied potential health
concerns. The sessions were often difficult because of different perspectives, needs and
values. Yet the common interest in giving kids a safe environment in which to grow helped
all of the groups stay on track to develop community-specific programs for working to
eliminate the most serious situations.
OPPORTUNITIES
EPA continues to look for opportunities to work with citizens, local governments, small businesses,
communities and others to demonstrate effective ways to handle disagreements and concerns. The
Agency welcomes suggestions from the public about how to put conflict prevention and resolution ideas
into practice, as well as recommendations for specific sites or issues for ADR. In some circumstances,
the Agency may be able to pay for or share in the costs of a neutral facilitator or mediator to help EPA
and community members deal constructively with significant differences.
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SOURCES OF INFORMATION
EPA'S CONFLICT PREVENTION AND RESOLUTION CENTER
The Center serves as a resource for promoting and supporting ADR across EPA. It is a good starting
point for learning about the many interesting and innovative ADR activities being sponsored by EPA
programs. The Center also advises and trains EPA employees on ADR, helps EPA programs to arrange
for facilitators and mediators, and documents and evaluates ADR efforts in the Agency. The Center
manages EPA's Consensus and Dispute Resolution Services Contract, which provides support for EPA
conflict prevention and resolution activities. You should contact the Center if you have general questions
about ADR at EPA or may be interested in engaging in an ADR effort with EPA.
Contact: Tanya Hill, 202-564-2922
www. epa.gov/stakeholders/intro. htm
This is an EPA website that covers topics related to community involvement and public participation.
There are descriptions about what EPA is doing to promote meaningful inclusion of stakeholders in
environmental decision-making, examples of successes, information about contacts and training
opportunities, and an area for new information about ADR at EPA.
EPA OMBUDSMEN
Several EPA programs have designated ombudsmen who have the ability to look independently into
concerns that come to their attention and to facilitate the communication that may lead to a solution. If
you have a specific question or concern related to one of the program areas listed below, you may call the
contact for help.
Microbial Ombudsman: Yvette Hopkins, 703-308-6214
(Area of responsibility: registration of antimicrobial pesticides.)
National Hazardous Waste Ombudsman: Robert Martin, 202-260-9361
(Area of responsibility: transportation, storage, disposal, and cleanup of hazardous materials.)
Pesticides Ombudsman: Linda Arrington, 703-305-5446
(Area of responsibility: registration of pesticides and herbicides.)
Small Business Ombudsman: Karen Brown, 202-564-1390
(Area of responsibility: environmental problems for small businesses.)
Superfund Regional Ombudsmen: See Regional Contacts Box
(Area of responsibility: cleanup of hazardous substances and Superfund sites.)
U.S. INSTITUTE FOR ENVIRONMENTAL CONFLICT RESOLUTION (USIECR)
USIECR is a federal agency located in Tucson, Arizona. Its role is to assist in the resolution of
environmental, natural resources, or public land use conflicts that involve a federal agency or interest.
USIECR, working with EPA, has developed the National Roster of Environmental Dispute Resolution
and Consensus Building Professionals. The roster and USIECR are good sources for identifying and
learning about ADR practitioners in your area and all across the country. Information about the
practitioners listed on the roster is now available to the public involved in environmental, natural
resources, or public lands issues involving a federal agency or interest by contacting the Roster Manager.
Contact: Joan Calcagno, U.S. Institute for Environmental Conflict Resolution, 520-670-5299.
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EPA REGIONAL OFFICES
EPA regional offices are located in ten major cities around the country. The staff in these offices are the
people who work most closely with states and communities in carrying out EPA's environmental
protection activities. One of these people would be a good place to start if you have questions about
specific community issues that may benefit from ADR.
REGION 1
(CT, ME,MA, NH, HI, VT)
1 Congress Street, Suite 1100
Boston, MA 02114-2023
ADR Contact: Ellie Tonkin, 617-918-1726
Superfund Ombudsman: John Smaldone
617-918-1207
REGION 6
(AR, LA NM, OK, TX)
1445 Ross Avenue
Dallas, TX 75270-2733
ADR Contact: Jim Dahl, 1-214-665-2151
Superfund Ombudsman: Arnold Ondarza
1-800-533-3508
REGION!
(NJ, NY, PR, VI)
290 Broadway
New York NY 10007-1866
ADR Contact: Tom Lieber, 212-637-3158
Superfund Ombudsman: George Zachos
1-888-283-7626
REGION 7
(IA, KS, MO, NE)
90 IN. 5™ Street
Kansas City, KS 66101
ADR Contact: Cheryle Micinski, 913-551-7274
Superfund Ombudsman: Craig Smith
1-800-223-0425
REGION 3
(DE, DC, MD, PA, VA WV)
1650 Arch Street
Philadelphia, PA 19103-2029
ADR Contact: Patricia Hilsinger, 215-814-2642
Superfund Ombudsman: Ken Kryszczun
1-800-438-2474
REGION 8
(CO, MT, ND, SD, UT, WY)
999 18™ Street
Denver, CO 80202-2466
ADR Contact: Maureen O'Reilly, 303-312-6402
Superfund Ombudsman: Sonya Pennock
1-800-227-8917
REGION 4
(AL, FL, 6A, KY, MS, NC, SC, TN)
61 Forsyth Street
Atlanta, GA 3 03 03-3104
ADR Contact: Lisa Ellis, 404-562-9541
Superfund Ombudsman: Kathleen Curry
1-800-241-1754
REGION 9
(AZ, CA, HI, NV, AS.GU)
75 Hawthorne Street
San Francisco, CA 94105
ADR Contact: Allyn Stern, 415-744-1372
Superfund Ombudsman: Sally Seymour
1-800-231-3075
REGION 5
(IL, IN,MI,MN,OH, Wl)
77 West Jackson Boulevard
Chicago, IL 60604-3507
ADR Contact: John Tielsch, 312-353-7447
Superfund Ombudsman: Doug Ballotti
1-800-621-8431
REGION 10
(AK, ID, OR, WA)
1200 Sixth Avenue
Seattle, WA 98101
ADR Contact: Ted Yackulic, 206-553-1218
Superfund Ombudsman: Lauri Hennessey
1-800-424-4372
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EPA
United States
Environmental Protection
Agency (231OA)
Washington, DC 20460
Official Business
Penalty for Private Use
$300
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