NCJ Number
101111
Journal
Environmental Impact Assessment Review Volume: 5 Issue: 1 Dated: (March 1985) Pages: 67-77
Date Published
1985
Length
11 pages
Annotation
Two regulatory negotiation demonstrations recently completed by the Environmental Protection Agency (EPA) suggest that introducing face-to-face negotiation at the earliest stages of rulemaking could improve the process.
Abstract
The demonstrations addressed two rules: nonconformance penalties and the EPA administrator's authority, in cases of emergency, to exempt certain pesticides from the full range of Federal licensing requirements. In the demonstrations, EPA relied on a consensus building process to forestall litigation after promulgation of the final rule. It used a nonpartisan facilitator to convene the negotiations and defined criteria to determine which parties should be represented. Participants viewed the negotiating consensus version of a draft regulation as a successful alternative to the traditional process. They also developed greater understanding of other parties' interests. The demonstration showed that either an agency employee or neutral outsider can facilitate the session. A successful negotiation also requires top level agency support and the confidence of the environmental community. Tables and 10 references. (Author abstract modified)