A series on tools and approaches to solve natural resource problems.
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The most common way of engaging the public in environmental decision-making is by providing them with notice of proposed projects (plans), decisions, and rules along with the opportunity (information on how) to comment. One of the oldest approaches to engaging the public in decision-making, notice and comment dates as far back as the passage of the Administrative Procedures Act, enacted in 1946. While the process may seem unnecessarily formal, ideally it offers all commenters equal access to the agency and a predictable forum for interested parties to have input on decisions that may impact their lives and livelihoods. The comments—and the agency's response to comments—also promote agency accountability. Because public comments and the agency's response are a matter of public record, they help to illuminate the issues and how the agency thinks about them.
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Last Updated ( Monday, 23 March 2009 )
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In addition to providing notice and requesting written comments, part of the federal public participation process often involves public meetings, hearings, and/or open houses as another way for agencies to obtain public input on an issue. But there are other opportunities to meet face-to-face with decision-makers at all levels of government, from the U.S. Congress to your local planning commission. In this edition of the Problem-Solving Tools Series, we highlight some of the various opportunities to voice your comments and concerns, describe what you can expect, and provide links to other resources and “how-to guides” for more information.
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Last Updated ( Tuesday, 04 November 2008 )
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Many federal and state government agencies provide for administrative review of agency decisions by another agency official or a quasi-judicial board. This enables a person or organization or company to appeal a decision that adversely affects its interests. If the person appealing is not satisfied with the result of the agency's administrative review, it may usually seek further review by a court. This section describes the administrative review procedures of two federal executive branch agencies that have responsibilities for managing various natural resources, e.g., minerals, recreational lands, and forests, the Bureau of Land Management (BLM) in the U.S. Department of the Interior and the U.S. Forest Service (USFS) in the U.S. Department of Agriculture. The procedures of other federal and state agencies are generally similar.
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Last Updated ( Tuesday, 04 November 2008 )
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Litigation, it has been said, is not for the faint of heart. In environmental and natural resources law, the stakes involved in litigation can be enormous. The fate of a species or special place, public health of a community, and even the vitality of the hard-won regulatory framework that allows for protection of such things are sometimes at stake.
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Last Updated ( Tuesday, 04 November 2008 )
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Alternative Dispute Resolution (ADR) has been largely defined by the legal profession to include those techniques or procedures for resolving conflicts that do not involve the courts or a formal trial. For example, the U.S. Courts defines Alternative Dispute Resolution as "a procedure for settling a dispute outside the courtroom." In other words, ADR is the alternative to what some define as the principal course of action- litigation.
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Last Updated ( Monday, 13 April 2009 )
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The legislative process at both the federal and state levels
has grown exceedingly complex since the framers of our Constitution created the
Legislative Branch and much of the processes are unique to each house of
Congress and each state. While the primary function of the legislative branch is
to make the laws that govern the country, the legislative process itself is rife
with rules, formalities, and traditions that have evolved throughout our
country’s history.
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Last Updated ( Monday, 06 October 2008 )
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Making sense of the field of collaboration is not easy. While the word "collaboration" does not appear in any key land management legislation before 2000, the Multiple-Use Sustained-Yield Act, The National Environmental Policy Act, the National Forest Management Act, and the Endangered Species Act provide for a variety of "public involvement" processes. But these are not usually thought of as entirely collaborative in nature.
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Last Updated ( Wednesday, 05 November 2008 )
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