Does the use of environmental conflict management processes change implementation? A comparison of four Forest Service cases.

Abstract

Over the past twenty years, the amount of environmental litigation has been increasing. Faced with endless delays and endless litigation, alternative decisionmaking processes are being sought. One solution advocated is environmental conflict management. The use of such processes is increasing. Given that, it is important to assess how these processes affect implementation. Proponents claim that better implementation results. If their claim is true, it will provide a strong incentive for the use of such processes. This dissertation attempts to determine whether the claim is true. The central question asked is "What is the effect of environmental conflict management on implementation?" To answer that question, four Forest Service case studies were compared. Two cases where environmental conflict management processes were used and two where traditional decisionmaking processes were used. The answer is the use of environmental conflict management does result in better implementation. Less delay occurred, objectives were achieved, more on-the-ground changes were observed, and more staff time was given to implementation. Other benefits resulted from the use of environmental conflict management. They included: a more cooperative relationship exists between the agency and the public, the implementation process is considered during decisionmaking resulting in the avoidance of some implementation problems, and a method for dealing with unexpected implementation problems often is identified. It was also learned that the conflict experience itself is a powerful catalyst for change. The presence of a conflict situation forced the agency to change its procedures and become more responsive to the public's concerns. Of particular concern to agency personnel faced with the prospect of using environmental conflict management, the agency can and does retain control of the decisionmaking process when it uses such processes. In fact, the agency retains more control than when a decision enters the legal system. This research effort provides some initial insights into the effect of environmental conflict management on the implementation of decisions. Additional research is needed. It is an important area of consideration since the viability of environmental conflict management as an alternative decisionmaking process will depend on the ability to implement the resulting decisions.