Excerpted from: Collaboration: A Guide for Environmental Advocates, Frank Dukes and Karen Firehock, University of Virginia, The Wilderness Society and National Audubon Society, 2001 (full publication in 3.2) he increasing number and influence of collaborative processes has profound implications for natural resource management. It can impact how decisions get made, who makes them, and the relative influence of various groups, among many other things. The extent, role, and positive and negative implications of these changes are hotly debated. This Guide focuses primarily on how environmental advocates respond to individual collaborative processes, proposals, or opportunities. However, an understanding of the issues surrounding the collective impact of collaborative processes will give a helpful perspective on any single collaborative effort. It may also influence decisions about when and how to participate. This Section summarizes the broader discussion surrounding the collective impact of resource management by collaborative processes. T The Promise of Collaboration Potential benefits Proponents of collaborative processes argue that collaboration has the potential to achieve benefits that may be more difficult for other forms of public involvement or natural resource management decision processes to produce. These benefits include: • Bridging what were formerly viewed as insurmountable differences to achieve gains in relationships, to craft agreements that are creative and stable, and to develop on-theground improvements for the environment; • Bringing together sufficient resources to accomplish what cannot be accomplished by any one single party or smaller coalition; • Engaging former adversaries in respecting the views and values of others so as to enlarge what had been a narrow self-interest to encompass a broader interest combining environmental, social, and economic goals; • Developing citizens who practice the arts of active citizenship; • Providing a positive public relations alternative for corporations and public officials; • Engaging citizens in ways that promote mutual education, including development of an environmental ethic; • Making decisions in ways that are faster and cheaper, by avoiding costly and time-consuming administrative, legislative, or judicial public processes; and • Creating environmental gains beyond the minimum standards required by laws or policies. known early collaborative efforts emerged from circumstances unique to each particular community. A collaborative process is usually seen as an alternative to some less acceptable option, such as a stalemate that blocks environmental improvement and economic development. An example would be a private collaborative effort to reintroduce an endangered species into a particular area when the public agencies responsible for such introduction have been ineffective in doing so by traditional regulatory means alone. As word spread of collaborative efforts that brought agreements between traditional adversaries, observers began linking these with the philosophy and theory of participatory democracy. One such argument for collaborative processes is that they provide an essential forum for the development of “small d” democracy – the networks of reciprocity and exchange, mutual obligation, understanding and caring – which are required for sustainable governance. Many reasons have been offered for the increasing use of collaborative processes. Philosophical foundations • Shifting population demographics, as more and more urbanites come into contact with ranchers and loggers and seek ways to There is no single philosophy driving the increased use of collaborative processes. The best Collaboration: section 3 A R G U M E N T S F O R A N D A G A I N S T C O L L A B O R AT I O N 9 These include: A GUIDE FOR ENVIRONMENTAL ADVOC ATES • • • • • • 10 • • Collaboration: newly define uses and values of public resources; A concurrent shift in many natural resource agencies away from supporting commodity production and towards restoring and protecting ecosystem health; A near-desperate search for solutions on the part of resource users who see the need for radical change as their way of life is threatened by environmental degradation or economic decline, or both; Increased awareness that many natural resource issues, such as nonpoint source pollution and endangered species, transcend geographic and political boundaries and must be addressed at regional scales; Recognition that protection of landscapes and species must involve private as well as public parties and lands; Recognition of the need for adaptive management, flexible decision-making based on the uncertainties of managing the natural world, and the need to adjust management regimes to respond to changing ecosystem conditions; Recent emphasis on “reinventing government” – for example, at least two dozen EPA programs now combine partnerships, voluntary goals, reduced regulatory restrictions for increased achievement, and community involvement; An ecological worldview that recognizes the interdependence of people and nature, as articulated by what is termed “ecosystem management”; Inadequate protection offered by formal legal and administrative processes. Specific factors include fragmentation of institutional authority, weak laws and regulations, decreasing funding for natural resource protection and management at all levels of A COMPREHENSIVE REVIEW OF CONCERNS: Arguing About Consensus by Douglas S. Kenney of the University of Colorado details with considerable care the arguments that have been made for and against collaborative natural resource groups. His focus is on western watershed groups but the analysis is relevant for other types of groups and other locations as well. To order: www.colorado.edu/law/NRLC/. governance, absence of political will for enforcement, or perceived inefficiencies of managing the environment within the bounds of the regulatory framework; • An increasing emphasis on parity of social, economic, and environmental goals, often defined in terms of sustainability; • Heightened interest among the public in what happens to their environment; • A desire for decision processes that are inclusive, flexible, lowcost, creative, and that bring agreement and implementation. Concerns About Collaboration Many criticisms and concerns have been raised about collaborative approaches for the management of natural resources. These criticisms fall into two categories: 1) On a large scale, there are significant concerns with how the cumulative impact of policymaking by collaborative processes threatens to displace traditional practices of democracy and constitutional governance and increase local (neighboring communities) influence over public resources, including federal lands; and 2) On a smaller, individual project scale, there are concerns with A GUIDE FOR ENVIRONMENTAL ADVOC ATES how and when individual processes are constituted and managed. If you want to explore the concerns with collaboration in depth, many critiques exist (see Appendix I). You can explore the second set of concerns in detail in the following sections of the Guide. But it’s important to understand the first set of concerns as well, since those concerns may influence your answer when you are invited to participate in a collaborative process, or your actions when you are considering convening a collaborative enterprise. Big-picture concerns about collaboration The structural arguments made by critics of collaboration are basic but profound: collaborative processes should generally not be favored over traditional decision-making processes found in democratic governance. Occasional collaborative processes may well provide benefits, such as improved community relationships, for a particular situation. Private efforts may be worth encouraging. However, despite individual benefits that may occur, the cumulative impact of increased public decision-making by collaborative processes is to weaken mechanisms such as advocacy, organization, coalitionbuilding, democratic governance, • • • • • • • • Collaboration: abandoned in favor of less formalized approaches that often decrease public accountability. Concerns about the conduct of collaborative processes The previous criticisms are independent of the quality of any particular process; they are concerned with the nature of collaboration and its cumulative impact. In contrast, other concerns have to do less with the nature of collaborative processes INSTITUTE FOR ENVIRONMENTAL NEGOTIATION, UNIVERSITY OF VIRGINIA. and often laws and regulations demand that resource protection should be the highest priority; • There is an ideology of harmony that is particularly compelling in community-based processes where parties are negotiating with fellow community members. Many if not all the traditional This ideology is reinforced by processes intended to protect convening agencies, mediators, the public interest (public notice, and facilitators for whom agreeopen meetings, right of appeal) ment is the chief desired outare weak or absent when ad hoc come and who may feel collaborative processes are considerable obligation to satisfy used to address public those in power; resources; Ad hoc private groups accountable only to themselves may in effect replace public processes for rulemaking; Collaborative processes involving public lands favor local representation that may ignore or weaken national interests that cannot be sufficiently represented. This has led to incompatibility with national plans and policies as well as disenfranchisement of national/urban constituencies; Accountability of elected and administrative officials and appointed boards is eroded when ad hoc groups become • There is a danger in developing increasingly responsible for a norm that decisions are only influencing policy on major legitimate when they are acceptissues; able to all parties; Public officials are delegating • The more time devoted to coltheir decision power in order to laborative processes by environ“pass the buck” and avoid makmental advocates, the less time ing controversial decisions; that is available for more tradiLegal and regulatory standards tional advocacy and education, that reflect national and state despite continuing needs for policies can become bargaining both (sometimes called “opporchips rather than baseline stantunity costs”); dards; • Public participation procedures Agency authority and current were developed over many laws and regulations can be years and based on a strong systematically bypassed and foundation of public involvement weakened as the power of ad theory to provide an opportunity hoc groups grows; for all owners of a particular Collaborative processes offer resource to participate in its equal validity to competing valmanagement. Even if imperfect, ues when many circumstances these procedures should not be and science, all of which are needed in greater amounts to protect and enhance natural resources. Criticisms concerning the nature and cumulative impact of collaboration include the following: than with the difficulty of doing them right, such as when collaboration is promoted in inauspicious circumstances, or for inappropriate reasons. The inability to guarantee standard procedures for public input and the high potential for biased or co-opted collaborative groups is a major reason that critics think their overall impact on the environment will be negative. 11 These criticisms fall into two general categories: 1) Collaborative processes are being initiated in inappropriate circumstances. 2) They are being conducted using inappropriate practices. A GUIDE FOR ENVIRONMENTAL ADVOC ATES 1) Collaborative processes are being initiated in inappropriate circumstances. INSTITUTE FOR ENVIRONMENTAL NEGOTIATION, UNIVERSITY OF VIRGINIA. Collaborative processes have been criticized for being used in the wrong circumstances. A number of environmental advocates have found themselves in processes that sounded promising, but that turned out to have 12 been misrepresented by the convenor. Or they were tainted by the motivations of key players. Or there wasn’t sufficient attention up front to thinking through all that would be required to conduct an effective and fair process. In Section 4 you will find ways of deciding when a situation is or is not appropriate for a collaborative initiative. A brief checklist is offered in Appendix C as well. 2) They are being conducted using inappropriate practices. There have been collaborative processes on issues where such efforts may well have been appropriate and potentially helpful, but the process failed to live up to its potential because best practices were not followed. Perhaps a mediator was selected by an agency without consultation of Collaboration: participants, or key representatives were excluded, or there were insufficient resources to provide high quality information. Sections 5-8 suggest such best practices in detail. What this means for you For any particular situation, the reasons for initiating a collaborative approach are less likely to be a response to a theory or philosophy and more likely to be specific to a particular issue or a particular community. Typical cases might be: a neighbor wants to bring together two other neighbors who are no longer speaking to one another because of damage to a water supply, a sawmill that employs a substantial proportion of a community is threatening to or has already shut down, or an agency is seeking to promote an initiative that will require support from diverse sectors. What this means is that the reasons for or against supporting any particular collaborative enterprise will likely be based more upon the circumstances of your own particular situation rather than upon any theoretical argument or philosophy. Nonetheless, in circumstances where precedent is being set, or public resources are involved, or the scope of potential impact is large, familiarity with the range of arguments concerning collaborative processes will be helpful. A variety of statements concerning collaboration and references to readings in the Appendixes will allow you to become more familiar with these arguments. A GUIDE FOR ENVIRONMENTAL ADVOC ATES
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