USING DISPUTE RESOLUTION TECHNIQUES TO ADDRESS

1,62
MB ENVIRONMENTAL JUSTICE CONCERNS Case Studies

79
stron

2551
ID UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

2004
rok

TABLE OF CONTENTS

INTRODUCTION

The Limitations of Litigation

A Range of Alternative Approaches

Meeting Integrative Potential

CASE 1: VULCAN MATERIALS MEDIATION (SWANSEA & ELYRIA, CO)

The Incident

The Lawsuit

The Parties and Their Interests

The Mediation Process

The Agreement and Implementation

Lessons Learned

CASE 2: CONOCO MEDIATION (SWANSEA & ELYRIA, CO)

The Problem

The Lawsuit

The Parties and Their Interests

The Mediation Process

The Agreement

Implementation

Lessons Learned

CASE 3: CHEVRON MASS TORT SETTLEMENT WITH SPECIAL MASTER (KENNEDY HEIGHTS,

TX)

Assessment of the Contamination

The Lawsuit

Elements of the Dispute Resolution Process

Lessons Learned

CASE 4: RHONE-POULENC COMMUNITY AUDIT NEGOTIATION (MANCHESTER, TX)

The Inception of the Negotiation Process

The Parties and Their Interests

The Negotiation

The Agreement and Its Implementation

Lessons Learned

CASE 5: CHEVRON MEMORANDUM OF UNDERSTANDING (RICHMOND, CA)

The Problem

Permit Approval

The Dispute Resolution Process

The Agreement and Its Implementation

Lessons Learned

CASE 6: UNOCAL GOOD-NEIGHBOR AGREEMENT (CROCKETT & RODEO, CA)

Pre-Negotiation

The Negotiation

Implementation

Lessons Learned

NEGOTIATING ENVIRONMENTAL JUSTICE AGREEMENTS

Parallel Tracks and Strategic Alliances

Being Prepared

Procedural and Strategic Choices

Conclusion

ABOUT THE ORGANIZATIONS