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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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