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Case Experience

Giant Sequoia National Monument 2007-2008. As of December 2007, I am mid-way through an assessment, have worked with the Forest Service to support their design of a creative approach to collaborative NEPA, and have facilitated the first meeting of a group that would participate in the development of the recreation aspects of the Giant Sequoia National Monument Management Plan.

Western Oregon Plan Revisions 2007. BLM's controversial 2.5 million acre plan revisions was not an appropriate context for a public policy mediation--we came in too late, and the "decision space" was small. So the challenge was: how do we enhance the public's opportunity to weigh in on this in such a short time, over such a huge geogrpahic area? We experimented with some novel web interactions which have the potential to affect the way agencies listen to the public--and vice versa. Cool stuff, but I missed real mediation.

Wasterwater Treatment Clackamas County 2006. This project is hard to describe--neither facilitation nor mediation but certainly a good education in testing my philosophy that design has to follow the parties' needs rather than a cookie-cutter approach. In this case, I was assigned to a newly-formed Council of seven, who needed to arrive at a decision by a super-majority. I believe that few thought they would be able to do this in the time assigned, but in fact they were able to arrive at a unanimous decision, and one that was given support by the Board of County Commissioners.

Carie and Vern Cameron at the Kellogg Wastewater Treatment Facility

California NEPA/404 MOU 2005. Natural resource and transportation agencies had worked for four years to revise their Memorandum of Agreement, and had reached impasse. In four months, I was able to help them redesign their approach and agree on a draft. As of January 2006, the document was ready to be signed. This was the second NEPA/404 MOU I mediated. (The other was in Oregon, and is described in the Council on Environmental Quality's Collaboration in NEPA 2007 www.nepanet.gov.)

California Indirect Impacts Guidance, 2004-2006. This collaboratively-developed guidance outlines the approach to take when analyzing potential impacts of transportation projects on land use patterns. The guidance won two national awards, one from FHWA and also the 2008 winner of the National Association of Environmental Professionals National Environmental Excellence Award for NEPA Excellence. See gri_guidance.

Irrigation District Policy 2005. This was essentially a neighborhood battle set within a very complex policy issue: whether an individual landowner or the irrigation district actually owns and controls a water right.

Transportation/Collaboration Capacity Building 2005. This workshop, styled on the national 2002-2003 workshops (below), but tailored for Maryland, explored relationships among natural resource and transportation agency representatives and enhanced communication.

FWS/Caltrans/FHWA mini-Mediation and Workshop, 2005. One of the outcomes of this workshop was the design of a conflict resolution system for the agencies.

Regional Sediment Testing Facilitation, 2002-2004. Negotiated rule-making to establish single approach to sediment testing for regulatory purposes. Facilitating representatives of twenty-some agencies in three states. This approach will be voluntary among the numerous jurisdictions, and needs to meet multiple needs to be applied under numerous scenarios, yet still make sense as a whole. Also designed the conflict resolution system so that as the methodology is applied, questions that are raised can be answered in a way that works for all the jurisdictions.

Scenic Waterways Taskforce, November 2003 – February 2004. Legislature requested specific agencies, with the help of stakeholders as appropriate, make recommendations for improvements to this 30-year-old program. The key issue was recreational placer mining in scenic waterways.

Howard Canyon Quarry, 2003. This mediation involved a very complex area of Oregon land use law, and even more complex personalities. This was an excellent example of the parties coming to understand their own interests better as the mediation unfolded.

National Workshops on Collaboration, 2002-2003. Co-designed and taught a series of 5 workshops across the nation to help state and federal agency members work in a more collaborative manner, under the auspices of the US Institute for Environmental Conflict Resolution.

Goal 18 Mediation, 2002. This was a conflict assessment and initial convening of a mediation concerning possible amendments to the coastal management goal, specifically the use of rip-rap on pre-existing infrastructure. This complex, highly politicized mediation was superceded by legislative efforts.

Riverside Corridor Planning Assessment, 2002. Working through the US Institute for Environmental Conflict Resolution, conducted a situation assessment of a highly contentious, nationally politicized Tier 1 NEPA analysis in Riverside, California. The report was used as a basis for the design and funding of the subsequent mediation.

Parish Collaboration, 2002. This started originally as a two-person workplace mediation between department heads within the Parish. They were unable to talk to one another, and each was considering leaving. After two meetings, a very positive and realistic relationship was established. I was asked to come back and work with the entire staff. “This was the most productive and the most healing experience I have ever had as a member of this staff,” a long-time department head wrote.

ODOT/Local Agency Projects, 2002. Conducted a case assessment of the system whereby ODOT acts as a passthrough for FHWA money on local agency projects, with particular emphasis on the consequences for environmental permitting and interagency relationships. As well as narrative interview process, utilized paired-comparison survey technique, summarized in report.

Deschutes Multi-Level Planning, 2002-2003. Currently facilitating a coordinated planning process to integrate an Urban Reserve Study, Goal Exception Process, BLM NEPA land allocation planning decision, and transportation NEPA planning within one of the State’s most rapidly growing areas. The seven-member group also developed a long-term dispute resolution process.

City of Klamath Falls, Regulatory Workshop, 2002. Facilitated open-ended dialog between regulators and other players in the development of a water quality approach for the City.

Mentoring Klamath Falls Planning Controversy, 2003. Coached a mediator in conducting a case assessment, provided design back-up for scaled comparison survey.

Fairview Lake, 2002. The Drainage District had announced that the lake no longer performed a significant flood control function, and that it would no longer manage the lake, nor hold the water rights permit. Assisted the 182 landowners, who have had a dispute-rich history, and the City of Fairview, which had jurisdiction over half of the lake, to resolve lake management issues.

Osweg Creek, 2002. Ugly landslide debate exacerbated by murky fifteen year history. Design required separate negotiations with each of three landowners and ODOT. Settled.

Yachats 804 Trail. The Oregonian described it as “a squabble of titanic proportions.” The background: a million or more in litigation fees, two rounds in the legislature (with Governor’s veto), 70 parties in conflict, 14 lawyers in the first tier of affected parties. Settled.

Columbia Gorge Clean Air, 2000-2001. Facilitated scoping meeting for effort to determine how clean air standards might be met in the Columbia River Gorge. Facilitated follow-up meeting to present workplan and invite comments.

Child Care and Education, 2001. The various agencies, educators, and providers active in child care and education were stymied. A complex and dysfunctional organizational relationship had frayed relationships and built a crust of distrust. Mediation resulted in better communication, healing, and a consensus to move forward to rebuild the basis of their interactions.

Access Management, 2000. A 14-year history of frustration between a municipality and a large state agency finally reached boiling point. Improved internal communications within the agency; then clarified the issues and pushed systematic and definitive answers to each. The municipality has a clear answer, meeting all the parties’ interests.

ODOT Streamlining, 2000-2001. Mediation to establish streamlined environmental processes both within ODOT and among ODOT and nine other agencies ("CETAS"). In part because of the very realistic decision-making structure they established during the mediation, the system is now functioning extremely well without the aid of a neutral. (This process was selected by the Council on Environmental Quality as an example of collaboration in NEPA, see nepanet.)

Marion County Domestic Violence Council, 2000. Providers of services related to domestic violence prevention had become factionalized, and the Council’s efforts were bogging down. Helped the parties establish norms and reclaim responsibility for enforcing them. Long-postponed decisions were made and a foundation for more constructive dialog was laid.

Sunrise Corridor Project, 2000. Ten agencies were involved in the Final Environmental Impact Statement and related permitting decisions, and communications were a shambles. Helped the group arrive at a shared understanding of what had happened, as well as what needed to happen in the future. As a result, process for getting the FEIS signed is clear, and relationships are far more positive.

USA Business Plan Reengineering, 2000. Facilitator for external review of wastewater treatment business processes.

Urban/Agricultural tensions and water rights, 2000. Six parties had been engaged, over four years, in a bitter water rights controversy. Four days of mediation settled the contested case hearing and established a means for the parties to work together effectively on implementation.

Washington Watershed Conference, 1999. Lead designer and facilitator for gathering of watershed organizers in Washington, to begin a systems analysis of the relationship among different types of watershed groups, and to explore effectiveness monitoring.

Biological Integrity Workshop, 1999. Lead designer and facilitator of scientific workshop to explore how one might measure biological integrity in the Lower Columbia River. Set the direction for the Lower Columbia River Estuary Program’s monitoring priorities.

Columbia County Collaborative Problem Solving, 1997- 1999. Lead facilitator and designer for a series of meetings designed to develop a dialog among department heads and commissioners in the county. This forum is now being used to develop budgets, advise on county policy, and lay the foundation for a cohesive County vision.

Lower Columbia River Estuary Program, 1997- 2000. Lead facilitator and designer for management committee meetings, public meetings, workshops, since 1996. Objective of one such meeting (the “Governance Forum”) was to explore how 163 government entities could work together to solve problems on the lower river. Result was a very specific set of requests for how the various players could best support, and be supported by, the Program.

Area Agency on Aging, Columbia County, 1999. Mediated among board members of individual boards, between staff members, and among the five boards in Columbia County regarding decision-making process for allocation of resources.

Water Quality Monitoring Workshop, USGS, 1998. Facilitated meeting among technical and scientific representatives who had done groundwork for monitoring plan but had been unable to come to final conclusion. In six hours, brought the issues to closure, including preliminary budget determinations.

Willamette Confluence, 1998. Lead designer and facilitator of two-day workshop to bring together the various entities working towards watershed health in the Willamette Basin. Innovative “bartering program” leveraged networking, and intensive work sessions resulted in recommendations for the Willamette Restoration Initiative.

Willamette River Basin Task Force, 1997. The Task Force was in the final stages of completing its recommendations, and was stymied over several contentious issues. Helped the group move into a more effective mode and successfully resolve outstanding issues.

Teacher, Planners’ Training Team, 1997-1998. Presented classes on collaborative problem solving to elected officials and planning staff.

Federal Executive Board’s Shared Neutrals Program, 1997. Led in the design and planning of a community mediation program among federal, state, and local government in the Portland area.

Coastal Aggregate Mining, Collaborative Planning Group, 1995- 1997. The objective was to bring together industry and agency people to better integrate collective technical knowledge. Result is permit conditions which accomplish their environmental objectives and are seen to do so, rather than being viewed as senseless punitive efforts.

Corps Rulemaking, West Virginia, 1997. National experts from throughout the Corps gathered to discuss management and maintanance of multi-million-dollar equipment. Group was composed of accountants and engineers, who were at loggerheads. Facilitated resolution under a very tight time-frame.

Corps Environmental Workshops, Floodplain Management 1997. The Corps was perceived as exclusively interested in large, concrete solutions to flood control, but in actually wanted to sell its new environmental authorities. Portland Audubon and the Army Corps of Engineers cosponsored a workshop to explore the Corps’ role in floodplain management.

Corps’ Cattales Newsletter, 1996. Information about Corps policies, rules, and statutory changes was being disseminated unevenly and with excessive misinformation. Formed Cattales, the first such newsletter by the Corps, to provide accurate information to Oregon practitioners. The first edition of the newsletter received an internal award, and was highly praised by the consultant community and municipalities.

Corps Operation and Maintenance Rulemaking, 1996. The Corps had published draft rules governing the tracking of revenues and capital investments, which was met with strong resistance. Convened national group of experts and facilitated the amendment of the rules. The changes were adopted and relations among the users and Headquarters greatly improved.

Corps Environmental Workshops, Dredging Operations and Environmental Opportunities, 1996. The Corps was exploring more environmental approaches to dredging and the treatment of dredge spoils; Oregon Trout wished to leverage that change. The one-day workshop brought national leaders and local stakeholders together for a discussion of options for change.

Division of State Lands Agricultural Wetlands Rulemaking, 1995. Legislature unanimously passed wetland act--but only because they had left devisive agricultural issues "to be determined" by rule. Involved all stakeholders in collaborative process to define agricultural wetlands and their appropriate regulation. In less than six months, an agreement was reached, and praised equally by environmentalists and the agricultural community.

Wetland Identification Manual, Issue Paper, 1994. Vice-President Quayle’s proposal for wetland identification would have severely impacted Oregon’s wetland protection programs. On behalf of the Oregon Division of State Lands, prepared analysis of the proposal. This analysis was subsequently read into the Congressional Record by Congressman DeFazio.

Groundwater Contamination Work, Iowa, 1987. Groundwater contamination by agricultural chemicals was an emerging issue in Iowa in the late 1980’s. Prior to that, the extension service has preached “more is better when it comes to agricultural chemicals.” Our task was to turn that into the new slogan “don’t use it unless it increases your profits.” Participated in research, statistical analysis, and led in designing means of presenting data in accessible forms.