Mediation, Facilitation and Community Outreach

Representative Projects










 

Mediation and Facilitation


Mediation and Facilitation

 

Facilitation Regarding Safety Performance, Washington

Assisted the Pacific Northwest National Laboratory (PNNL) in addressing worker concerns related to health and safety procedures and protocols for dealing with asbestos, beryllium and other hazardous substances. The facilitation was planned to improve safety performance following an internal audit and external reviews that identified areas for improvement. The project involved facilitating several meetings between unions, technicians, and middle- and senior-level managers to gather input from those involved on improvement plan to address the issues noted in the DOE review. *top

Consensus Building for a Natural Resource Damage Assessment and Restoration Plan, California

Provided facilitation services and coordination leading to the development of a natural resource damage assessment (NRDA) and restoration plan in the aftermath of the Apex Houston oil spill. Among the resources affected were the marbled murrelet, a seabird that has been designated by the federal government as threatened under the Endangered Species Act. As part of the facilitation process, brought together twelve scientists, several agency representatives from four federal and state resource agencies, several scientific peer reviewers and agency attorneys. Also helped these parties reach consensus regarding a number of issues including 1) the scope and nature of studies to investigate injuries, 2) the proper interpretation of data collected in the injury determination and 3) an appropriate plan to restore injuries to seabirds affected by the oil spill. Numerous meetings were conducted as part of the facilitation process that included 10-40 scientists, resource managers and lawyers. Process resulted in an innovative restoration program that was one of the five in the world of its kind and was heralded a success in its first year of operation. Program was featured nationally on a CNN special. *top

Facilitation Regarding Damage Assessment, California

Project involved coordination and facilitation of meetings attended by representatives of local, state and federal parties, who were co-plaintiffs in a natural resource damage lawsuit brought under the Clean Water Act and various state statutes related to water and natural resource protection. Purpose of the process was to reach consensus regarding injuries caused by the spill and, armed with this information, develop plans to mitigate the effects of the spill and restore the injuries to the ecosystem. Meetings were held once to twice per month for nine months. On most occasions over twenty individuals participated in meetings. During the meetings, the group was required to resolve issues with experts regarding the appropriate methodologies for studying potential impacts to fisheries in the San Francisco Bay Delta Estuary (striped bass), benthic organisms, and plant and mammalian species designated as endangered under the federal and California Endangered Species Acts. Group was required to reach a consensus about which projects were the most appropriate to restore injured resources. Despite the different missions and interests of the participants, the plaintiff group reached consensus regarding the injuries to the resource, the value of these damages and the projects that should be undertaken with settlement funds. The structure that was created in the course of the consensus-building process has been followed by federal and state trustees. The restoration plan received positive public acclaim. *top

Facilitation and Technical Advice Regarding Seabird Issues, California

Project involved facilitating groups comprised of agency resource managers, stakeholders, researchers and conservation organizations in development of a conservation plan for candidate seabird species under the Endangered Species Act. Project also involved developing consensus regarding a cooperative program for research on these species. The facilitation involved 50-60 participants representing several federal and state agencies including the US Fish and Wildlife Service, Department of the Navy, NOAA, California Department of Fish and Game, National Park Service and the Minerals Management Service. The group reached consensus on: 1) the status of the populations of interest; 2) the nature and extent of injuries to the species from human uses including recreation, oil spills, fisheries and weapon testing by the Navy; 3) the most important risks to the species; 4) avenues to reduce or eliminate these risks; and 5) appropriate research programs to monitor the health of the populations. *top

Facilitation for Natural Resource Damage Assessment and Restoration Planning, California

Provided facilitation services and legal assistance on behalf of DOI and NOAA in an enforcement action involving numerous federal, state and local agencies to recover damages for injuries to natural resources caused by oil pollution. Coordinated and managed joint enforcement teams of regulatory attorneys and government experts. Facilitated meetings involving over 20 attorneys and scientific representatives of the various agencies to develop a joint injury determination plan for the case despite the different missions and interests of the entities involved. Performed investigations of Spill Prevention, Control and Countermeasure (SPCC) plans and the actions that gave rise to the spill, involving scores of interviews and hours of document review. *top

Facilitation of Technical Meeting Regarding Marine Mammals, Washington, DC

Provided facilitation services at a meeting of approximately 30 scientists sponsored by the Marine Mammal Commission. Purpose was to reach consensus regarding the status of whale and seal populations, including some designated for protection under the Endangered Species Act. Facilitation also provided appropriate directions for research and resource conservation. *top

Mediation of Dispute Involving Underground Injection Wells, Florida

Mediated a dispute under the Safe Drinking Water Act related to the disposal of waste water in underground injection wells in Florida. Project involved Miami-Dade County and the Florida Department of Environmental Protection, and required an understanding of US EPA’s Injection Well Program and the requirements associated with consumptive use permits and water reuse requirements. The settlement reached forges a path to resolution of alleged non-compliance issues and an integrated water management plan in a region short of water. *top

Facilitation of Stakeholder Process for Voluntary Cooperative NRDA Program, Maryland

For NOAA, provided facilitation services for five meetings with state and federal trustees, environmental groups, industry representatives and tribes. The facilitated meetings were designed to gather useful stakeholder input in a short period of time for a new voluntary cooperative NRDA program that NOAA is developing. Project involved designing the plan, interviewing participants prior to the meetings, facilitating meetings and preparing notes and final report. *top

Tribal Cooperative Agreements and Business Development for the Muscogee (Creek) Nation, Oklahoma

Developed and drafted cooperative agreements to foster business development on the Muscogee reservation. Provided advice as to the problems arising from resource development projects on allotted lands and the issues associated with such projects under the Land Settlement Act, the Restorations Acts and other statutory schemes. *top

Facilitation of Salinity Workshops, Oregon

Provided facilitation services at workshops involving representatives from the US Army Corps of Engineers-Portland District, NOAA, US EPA, USFWS, Oregon and Washington state resource agencies, biology and river hydrology consultants and members of the public. The goal of the workshops was to reach consensus on the potential changes in salinity concentrations and related biological communities in the Columbia River Estuary that could result from deepening of the navigation channel. The project required familiarity with published reports on salinity and benthic resources, salinity intrusion and Endangered Species Act compliance. The interagency group reached consensus on all key topic areas for the workshop including the predicted salinity changes in the river and biological impacts resulting from the proposed navigation channel deepening. *top

Facilitation for Columbia River Ecosystem Restoration Planning, Oregon

Provided facilitation services on four multi-agency ecosystem restoration planning efforts on the Columbia River. Participants included federal, state and local interests including the US Army Corps of Engineers, US EPA, USFWS, NOAA, Washington and Oregon State environmental agencies, local port authorities and representatives of the Congressional delegation. Facilitation was designed to evaluate ecosystem restoration needs comprehensively and addressed the requirements to restore both aquatic and terrestrial habitats including those of native fish populations in the Lower Columbia River. *top

Multi-Party Mediation to Address Navigation Problems in Columbia River, Oregon

Conducted a two-day mediation designed to reach consensus regarding navigational difficulties experienced by Columbia River pilots in certain stretches of the river. The mediation involved working with the Army Corps of Engineers, local ports and river pilot associations, and included problem clarification, exploration of alternatives to improve navigation and identification of additional information that would form the basis of studies to better define and resolve the problems. All parties resolved their differences and misunderstandings and reached agreement on key issues. *top

Facilitation for the Selection of Disposal Sites from Columbia River Dredging, Oregon

Provided facilitation services to multiple federal, state and local agencies meeting to address selection of offshore dredge disposal sites for materials resulting from maintenance, dredging and channel-deepening activities on the Columbia River. Facilitations included discussions about impacts to fish populations threatened by turbidity changes associated with dredging. *top

Facilitation of Interagency Process to Develop Maintenance Plans under the Clean Air Act, Washington

Providing facilitation services for a multi-agency collaborative process to prepare a SIP Development Plan. The process involves facilitation of representatives from federal, state and local agencies to reach consensus on a schedule, roles and responsibilities, and processes for the development of Carbon Monoxide and PM10 Maintenance Plans for the Spokane County Nonattainment Areas under the Clean Air Act. The project also involves preparing the development plan that will be followed by the agencies.

Mediation Involving Handling of Radioactive Waste, Washington

Provided mediation services to multiple parties attempting to resolve differences between two departments at the Hanford Nuclear reservation involving the handling and disposal of nuclear waste. The departments viewed the same technical information differently regarding potential risks to health and the environment. The mediation required developing a shared understanding of scientific information and risk, and sensitivity to Whistler Blower lawsuits as well as potential lawsuits from environmental groups and others. *top

Facilitation of Strategic Planning for the Snohomish Health District, Washington

Provided facilitation services at a series of workshops designed to create a strategic planning process for the Snohomish Health District (SHD). Worked closely with the Executive Leadership Team and the Board of SHD to develop a design for a two-day workshop. Conducted scoping interviews and facilitated workshops attended by 20-35 participants. Helped the group design and implement an ongoing strategic planning process involving a commitment to bottom-up planning. Worked with the Board to develop a draft statement of roles and responsibilities vis-à-vis SHD. Convened a group of board members, executives, managers and staff representing the diverse programs of the organization. Assisted the group in the creation of directions and strategies to guide the work of SHD for 3-5 years and designed a website to assist in communicating progress on the strategic plan throughout SHD. *top

Mediation of a Fair Share Allocation, Washington

Provided mediation services on a dispute regarding the Washington State Department of Corrections' fair share of improvements in the City of Aberdeen's secondary treatment plant associated with the hookup of a new prison. The project involved implementation of a settlement agreement lodged in Washington Superior Court. The written agreement allowed the parties to avoid the cost of arbitration and to assist in global resolution of variety of matters related to the community opposition to the prison. *top

Interagency Facilitation and Team-Building Workshop, Washington

Provided services to design and facilitate a workshop for the purpose of promoting collaborative interagency relationships between the Washington State Department of Ecology and Seattle Public Utilities. Workshop design included the transfer of advice regarding methods for continued collaboration and techniques for facilitating multi-issue discussions. Facilitated discussions addressed the potential for increasing productivity and coordinating agency personnel in three key areas: regional solid waste planning, water resource including habitat and Endangered Species Act issues, and water quality including issues pertaining to combined sewer overflows and the contamination of marine and freshwater sediments. As part of this project, facilitated a subgroup addressing a ten-year-old permit disagreement; facilitation resulted in resolution of the disagreement and issuance of a permit. *top

 

Community Outreach

 

Tribal Training on Innovative Air Quality Program

Working with US EPA Region 10 to develop and present training and outreach related to the Federal Air Rules for Reservations (FARR), the first regulation on air quality specific to tribal reservations in the US. The outreach will help EPA ensure that tribal environmental staff and government officials understand the requirements of the FARR and considerations underlying key provisions of the rule. Designing the curriculum and developing culturally appropriate training materials. Placing special emphasis on the open burning provisions in the rule. Beginning in early 2005, EI will conduct a minimum of three 1½-day training sessions to representatives of the 39 reservations in Idaho, Oregon and Washington. EI will provide EPA with a summary report following the training. *top

Facilitation, Public Outreach and Workshop Coordination of Biotechnology Issues, Washington, DC

Provided facilitation and outreach services to identify emerging issues affecting the biotechnology industry and reach consensus on these issues among the diverse members of Association of Biotechnology Companies (ABC) including company executives from the agricultural, hazardous waste treatment and pharmaceutical industries. Met with senior level officials of the member entities including scientists and technical and policy staff from state agencies, drafted proposed position papers and brought the group to consensus on appropriate positions. Position papers were used to brief US Senators and Congressmen and national, state and local agency regulators on topics relating to biotechnology. An EI team member also acted as a spokesperson to brief the media, US Congress, and regulatory agencies on ABC positions. Met regularly with Senators and Congressmen, the press and regulatory officials. Presented testimony before US Senate and House Committees and federal regulatory agencies. Made numerous speeches and educational presentations. Also organized, managed and presented a major annual international conference concerning biotechnology attended by over 500 participants from all over the world. *top

Review of Commuter Rail System, Pennsylvania

Provided outreach and facilitation services to assist in the development of a broad-ranging independent review of the commuter rail system in Philadelphia and determine its safety and efficiency. Developed the study design and assembled an interdisciplinary team of experts, and conducted a management performance audit of the system involving interviews with over 100 employees, managers and federal and city politicians. Designed a public participation process for the entire study, including two public meetings attended by hundreds of members of the public. A final report synthesizing the work of the team was completed, and materials for press release and press conferences were prepared. *top

Community Outreach Regarding Hazardous Waste Facility Cleanup and Closure, Washington

Working with the Georgetown Community Council regarding the clean-up and closure of a major hazardous waste treatment and storage facility in the Georgetown neighborhood of Seattle. Project is designed to keep the community informed about actions at the facility through a series of workshops and public meetings. On behalf of the community, meeting with representatives of the Washington State Department of Ecology, US EPA and the facility regarding the status of the cleanup and closure. Also assisted in developing multilingual publications to inform the public about the site. *top

Community Outreach and Technical Support for Brownfields Redevelopment, Washington

Providing services to lead the community outreach effort for a Brownfields redevelopment project in Aberdeen, Washington. Assisting the City and concerned citizens in developing a plan for redevelopment that will enhance the local economy. Assisting the community in considering possible development strategies under HUD and other federal loan and grant programs and state incentive programs. Providing assistance to local officials in the development of a community outreach program to garner public input, support and participation in the redevelopment project. Facilitating public meetings and developing and conducting presentations on technical issues in a manner that is understandable to the diverse backgrounds of the community. Other methods being used to educate and involve the local community include small group meetings, creation of an informational web page and establishment of a public information depository. Also assisting the City in working with key business leaders and agency officials to ensure a viable, well-funded approach to redevelopment that is supported by the public. *top

Community Involvement and Development of Flood Damage Control Plan in Skagit County, Washington

Designed and facilitated a successful, in-depth public outreach, education and decision-making process to support flood risk management planning in Skagit County. Initially, solicited the concerns of dike districts, agencies, tribes, local businesses, farmers, members of the public and other diverse stakeholders. Based on their input, designed a process that included a Working Group, composed of stakeholder representatives, whose goal was to identify flood risk management alternatives including a preferred alternative that should be evaluated in the EIS for the project. During the Working Group meetings, members of the group and the interested public learned about options for flood risk management and discussed advantages and disadvantages of each. The group successfully came to consensus during the time predicted. In addition, created a web page and a video for public education and support. *top

Community Outreach and Land Use Designation Review, Washington

Provided services to review and analyze Washington State Growth Management Act (GMA) statutes, GMA case law, stakeholder comments and criteria and techniques utilized in the designation of forest lands of long-term commercial significance by seven counties. Conducted two public hearings and responded to comments and questions. Analysis included evaluating the counties' interpretations of the GMA criteria as well as other techniques that the counties have developed. *top

Kalispel Tribe Outreach to Elders and Community, Washington

Assisted the Kalispel tribal management team in developing and implementing an environmental management system (EMS) based on the ISO 14001 framework using community outreach to guide selection of significant environmental aspects. Developed an outreach strategy for communication with tribal elders, the Tribal Council, members of the tribe, and the community surrounding the reservation. Assisted in the presentation of information designed to be accessible and understandable to these parties. Approach included identifying environmental aspects and impacts, determining which were significant and identifying tribal objectives to address the significant environmental aspects. Also developed and provided training to both management and relevant employees regarding basic EMS requirements and specific operating procedures. Worked with the tribal management team to coordinate with the Washington State Department of Ecology and the US EPA in identifying opportunities for tribal and public participation in the EMS development. *top
 

 


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