Resource Guide: Resolving Environmental Conflicts in Communities

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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.

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.

United States Conflict EPA 360-F-00-001

Environmental Prevention and May 2000

Protection Agency Resolution Center

“I place 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

Resource Guide:

Resolving Environmental

Conflicts in Communities
Resource Guide: Resolving Environmental Conflicts in Communities

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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, consensusbuilding, 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 decisionmaking 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 Guide: 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.

Childrens 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 crosssection 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.
Resource Guide: Resolving Environmental Conflicts in Communities

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Sources of Information

EPAs 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.
Resource Guide: Resolving Environmental Conflicts in Communities

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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, RI, 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 2

(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 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 4

(AL, FL, GA, KY, MS, NC, SC, TN)

61 Forsyth Street

Atlanta, GA 30303-3104

ADR Contact: Lisa Ellis, 404-562-9541

Superfund Ombudsman: Kathleen Curry

1-800-241-1754

REGION 5

(IL, IN, MI, MN, OH, WI)

77 West Jackson Boulevard

Chicago, IL 60604-3507

ADR Contact: John Tielsch, 312-353-7447

Superfund Ombudsman: Doug Ballotti

1-800-621-8431

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 7

(IA, KS, MO, NE)

901 N. 5TH Street

Kansas City, KS 66101

ADR Contact: Cheryle Micinski, 913-551-7274

Superfund Ombudsman: Craig Smith

1-800-223-0425

REGION 8

(CO, MT, ND, SD, UT, WY)

999 18TH Street

Denver, CO 80202-2466

ADR Contact: Maureen O’Reilly, 303-312-6402

Superfund Ombudsman: Sonya Pennock

1-800-227-8917

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 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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United States

Environmental Protection

Agency (2310A)

Washington, DC 20460

Official Business

Penalty for Private Use

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