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Building Consensus in Environmental Decision-Making Revisit Human Nature and Need for Cooperative Context Revisit the Regulatory Process and its Impediment to Cooperation Shift the Institutional Context of Decision-Making and Policy Implementation

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building consensus in environmental decision making
Building Consensus in Environmental Decision-Making
  • Revisit Human Nature and Need for Cooperative Context
  • Revisit the Regulatory Process and its Impediment to Cooperation
  • Shift the Institutional Context of Decision-Making and Policy Implementation
  • Create Public/Private Opportunity for Cooperative Behavior
human nature and conflict
Human Nature and Conflict
  • Conflict is normal and arises out of the perception of threat
  • The purpose of conflict is change
  • True conflict resolution requires
    • Meeting human emotional needs first
    • Rational analysis of problem
    • Separating solutions from deciding
    • Assurance of durable resolution
cooperation is a function of human nature
Cooperation is a Function of Human Nature
  • Emotional Needs First
    • Need for control
    • Need to be heard
    • Need to be validated
    • Need for fairness
  • Intellectual Process Second
    • Fair process of analysis
    • Objective criteria
    • Dispassionate review of options
    • Realistic assessment of options
regulatory governance
Regulatory Governance
  • Created to:
    • Be self-executing
    • Create certainty and uniformity
    • Eliminate irrationality and discretion
    • Create transparency
    • Promote public participation
    • Create respect for law
    • Foster cooperation
regulatory result
Regulatory Result
  • Rational rule-making has failed to meet goals because:
    • Based on rationalist fallacy of reasonable man
    • Focuses on certainty of rule not flexibility in solution
    • Discretion is critical for responsibility and rationality
    • Too many rules leads to opaque process and experts
    • Public participation is adversarial
    • Disrespect results from inflexible focus on rules
    • Cooperation is difficult
alternative to regulatory governance
Alternative to Regulatory Governance
  • Shift context of regulation to problem-solving
    • Govern by general principle
    • Abandon rule making
    • Give regulators discretion
    • Create culture of public servant
    • Measure results
    • Foster cooperative process
    • Punish gross negligence, intentional and criminal acts only
alternative continued
Alternative Continued…
  • Change the Dispute Resolution Process
    • Use facilitative process early in process
    • Focus on environmental problem and solution
    • Where impasse make decision on science not rules
    • Appeals should be heard by special referee with limited discovery and formality
    • Hearings should be investigational rather than adversarial
alternative continued9
Alternative Continued…
  • Evidentiary rules should be relaxed
  • Judicial Review Standard should be arbitrary and capricious
  • Decisions should create administrative common law
  • Investigational process should diminish attorney role. Losers pay (with consideration)
public private cooperation
Public/Private Cooperation
  • Special Board(s) to review policy issues and solution
  • Public input should be focused on solutions not regulations
  • Agency public/private think tanks
  • Face to face negotiations – Reduce e-mails and non-personal problem-solving
  • Change public hearing format
  • Give regulator and regulated discretion and responsibility