Skip to main content

Advertisement

SpringerLink
Log in

Human conflicts and the food, energy, and water nexus: building collaboration using facilitation and mediation to manage environmental disputes

  • Published:
Journal of Environmental Studies and Sciences Aims and scope Submit manuscript

Abstract

The food, energy, and water nexus represents the interaction of three complicated systems, each of which alone provides plenty of fodder for human conflict. In the USA, environmental laws typically address conflicts arising within each system. For example, the Clean Water Act primarily focuses on controlling end-of-pipe water pollution. However, it is less effective in reducing water pollution from nonpoint sources, which requires intensive collaboration of both public and private entities to address. Sector-based regulatory regimes also have similar limitations in the food and energy systems. Once these three systems are considered together, the implications of policies, plans, and projects on natural resources become difficult to untangle. This paper discusses the benefits and challenges of managing environmental disputes through facilitation and mediation, where a neutral third party is engaged to help design and manage a constructive problem-solving process. An examination of how mediation in particular has been used to address conflicts of different scales in the USA suggests that the use of third-party neutrals should be considered more widely in collaborative efforts to handle conflict at the food, energy, and water nexus. The aid of a neutral third party could greatly enhance the effectiveness of stakeholder engagement and creativity under scientific, legal, and political uncertainties. Dispute resolution processes can also accelerate the creation of productive relationships between citizens, scientists, and non-governmental and governmental agencies to foster innovative and lasting solutions to meet the food, energy, and water needs of the future.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Log in via an institution

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

Fig. 1
Fig. 2

Similar content being viewed by others

Notes

  1. More information on this facilitation program can be found at the California Department of Water Resources, Integrated Regional Water Management website http://www.water.ca.gov/irwm/partnership/facilitation_services.cfm.

  2. More information about the Hudson River Sustainable Shorelines Project can be found at https://www.hrnerr.org/hudson-river-sustainable-shorelines/.

  3. There are many mediation and facilitation practice guidebooks, such as “The Consensus Building Handbook,” “Negotiating Environmental Agreements: How to Avoid Escalating Confrontation, Needless Costs, and Unnecessary Litigation,” “Resolving Environmental Disputes: From Conflict to Consensus,” to name a few. Many organizations also provide professional training programs on mediation and consensus building. For example, the US Institute for Environmental Conflict Resolution (https://www.udall.gov/OurPrograms/Institute/Institute.aspx) and the Consensus Building Institute (http://www.cbuilding.org/) provide excellent resources.

  4. The definition of ADR in the Alternative Dispute Resolution Act of Public Law 1998 also reflects the rationale of using ADR as a supplement to the judicial system. Section 651 notes that “an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist the resolution of issues in controversy....”

  5. There have been no uniform rules to protect mediation confidentiality in the federal court system, even though federal courts have integrated ADR to reduce judicial cost and delay (Dickey 2010).

  6. The mediation process could be designed to assist stakeholders in designing their adaptive management plans. It can also be tailored to meet the different requirements under federal and state law. For instance, a mediation process can include the environmental assessment process under the National Environmental Policy Act as one of the tasks to be accomplished. However, to what extent the scientific information meets the standard of federal and state law is an administrative law issue that is outside the scope of this paper.

  7. The central scenario used in the World Energy Outlook 2014 takes into account the policies affecting energy markets that had been adopted by 2014, even if specific implementation measures for these policies are yet to be developed (IEA 2014).

  8. Depending on location, there is a market for these services that is subject to supply and demand curves, prices, sub-sectors within those markets, and structural dimensions as a result of these economic forces. These factors are critically important to the provision of mediation/facilitation services.

  9. The dispute between FCP community and the State of Michigan was arbitrated by EPA in favor of the FCP community (73 Fed. Reg. 23108). EPA’s decision was rendered in 2008.

  10. The federal negotiation team comprised representatives from the Department of Justice, the Department of the Interior, Solicitor’s Office, Secretary’s Indian Water Rights Office, Bureau of Indian Affairs, US Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, Commerce Department, National Oceanic and Atmospheric Administration, US Environmental Protection Agency, US Army Corps of Engineers, and Bonneville Power Administration (Klee and Mecham 2006).

  11. The tribes involved the Nez Perce Tribe, the Northwestern Band of the Shoshone Nation, the Shoshone-Bannock Tribes, and the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation (In re SRBA, Case No. 39576, 2014).

  12. Klamath Settlement Parties Urge Congress to Implement Negotiated Agreements, PR Newswire (Dec. 7, 2015), http://www.prnewswire.com/news-releases/klamath-settlement-parties-urge-congress-to-implement-negotiated-agreements-300189225.html.

  13. The Louisiana statute defines “public adjuster” as “any person who, for any compensation… engages in public adjusting” (Louisiana Revised Statutes §22:1692(7)). The statute further defines “public adjusting” as “investigating, appraising, or evaluating and reporting to an insured in relation to a first-party claim” or “advertising for employment as a public adjuster of insurance claims or soliciting business or representing himself to the public as a pubic adjuster of first-party insurance claims” (Louisiana Revised Statutes § 22:1692(8)(a), (b)). The statute also specifically provided that public adjusting “does not include any activities which may constitute the unauthorized practice of law” (Louisiana Revised Statutes § 22:1692(8)(a)). The Louisiana State Bar Assoc. v. Carr & Associates, Inc. case illustrated what exactly constitutes “the unauthorized practice of law” in the context of insurance claim mediation.

References

  • Adler JH (2002) Fables of the Cuyahoga: reconstructing a history of environmental protection. Fordham Environ Law J 14:89–145

    Google Scholar 

  • Adler RW, Craig RK, Hall ND (2013) The intersection of water quality and water quantity. In: Modern water law: private property, public rights, and environmental protections. Foundation Press, USA, pp 560–562

    Google Scholar 

  • Allen DN (2010) The Klamath hydroelectric settlement agreement: federal law, local compromise, and the largest dam removal project in history. Hastings West-Northwest J Environ Law Policy 16:427–467

    Google Scholar 

  • Alternative Dispute Resolution Act of (1998) Public Law 105-315.

  • American Arbitration Association (2012) Disaster recovery claims resolution services programs: for homeowner, property and business claims.

  • American Arbitration Association (2013) Procedures for the New York State Department of Financial Services mediation program for insurance claims following Storm Sandy.

  • Approval and Promulgation of Air Quality Implementation Plan (2008) Final rule, 73 Federal Register 23086.

  • Audin L (2014a) Three ways electric bills may be wrong after a disaster. Facilitiesnet. http://www.facilitiesnet.com/powercommunication/article/Three-Ways-Electric-Bills-May-Be-Wrong-After-A-Disaster---15415?source=part. Accessed 30 September 2015.

  • Audin L (2014b) How disasters impact utility bills: lessons from Superstorm Sandy. Facilitiesnet. http://www.facilitiesnet.com/powercommunication/article/How-Disasters-Impact-Utility-Bills-Lessons-From-Superstorm-Sandy---15414?source=part. Accessed 29 September 2015.

  • Baehr-Jones V, Cheung C (2011) An exercise of sovereignty: attaining attainment for Indian Tribes under the Clean Air Act. Environ Law Policy J 34:189–230

    Google Scholar 

  • Belmecheri S, Babst F, Wahl ER, Stahle DW, Trouet V (2015) Multi-century evaluation of Sierra Nevada snowpack. Nat Clim Chang. doi:10.1038/nclimate2809.

  • Bennett D, McGinnis D (2008) Coupled and complex: human-environment interaction in the greater Yellowstone Ecosystem, USA. Geoforum 39:833–845

    Article  Google Scholar 

  • Bingham LB (2009) Collaborative governance: emerging practices and the incomplete legal framework for public and stakeholder voice. J Disput Resolut 2009:269–324

    Google Scholar 

  • Bizikova L, Roy D, Swanson D, Venema HD, McCandless M (2013) The water-energy-food security nexus: towards a practical planning and decision-support framework for landscape investment and risk management. The International Institute for Sustainable Development, Canada

    Google Scholar 

  • Brazil E (2001) Klamath livelihoods wither/water shut-off along Oregon border takes toll on farmers. San Francisco Gate. http://www.sfgate.com/green/article/Klamath-livelihoods-wither-Water-shut-off-along-2899778.php. Accessed 12 October 2015.

  • Camacho AE (2008) Beyond conjecture: learning about ecosystem management from the Glen Canyon Dam experiment. Nev Law J 8:942–963

    Google Scholar 

  • Carbonneau TE (2014) Arbitration defined. In: The law and practice of arbitration, 5th edn. Juris Publishing, New York, pp 1–49

    Google Scholar 

  • Chaffin BC, Craig RK, Gosnell H (2014) Resilience, adaptation, and transformation in the Klamath River basin social-ecological system. Ida Law Rev 51:157–193

    Google Scholar 

  • Charla LF, Parry GJ (1991) Mediation services: successes and failures of site-specific alternative dispute resolution. Villanova Environ Law J 2:89–97

    Google Scholar 

  • Chern C (2015) The dispute board concept. In: Chern on dispute boards: practice and procedure. Information Law from Routledge, New York, pp 1–32

    Google Scholar 

  • Class I Final Agreement (1999). https://www.fcpotawatomi.com/wp-content/uploads/2015/01/FCPC_1999_class_i_final_agreement.pdf. Accessed 29 September 2015.

  • Clean Air Act §164(e), 42 U.S.C. §7474(e) (2015).

  • Clean Air Act §165(d)(2)(C)(i), 42 U.S.C. §7475(d)(2)(C)(i) (2015).

  • Clean Air Act Amendments of 1977 Pub. L. No. 95-95, 91 Stat. 685 (2015) .

  • Consensus Building Institute case studies. Facilitating a collaborative research process: the Hudson River Sustainable Shorelines Project. http://www.cbuilding.org/publication/case/facilitating-collaborative-research-process-hudson-river-sustainable-shorelines-pro. Accessed 26 September, 2015.

  • Cooley H, Donnelly K, Phurisamban R, Subramanian M (2015) Impacts of California ongoing drought: agriculture. Pacific Institute, Oakland

    Google Scholar 

  • Copeland C (2014) Clean Water Act: a summary of the law. Congressional Res Serv.

  • Cosens B (2006) Truth or consequences: settling water disputes in the fact of uncertainty. Ida Law Rev 42:717–762

    Google Scholar 

  • Cosens B (2010) Transboundary river governance in the face of uncertainty: resilience theory and the Columbia River Treaty. J Land Resour Environ Law 30:229–265

    Google Scholar 

  • Costa DE (2015) Conceptual frameworks for understanding the water, energy and food security nexus, working paper. United Nations Economics and Social Commission for Western Asia.

  • Dearing JA, Battarbee RW, Dikau R et al (2006) Human-environment interactions: learning from the past. Reg Environ Chang 6:1–16

    Article  Google Scholar 

  • Dickey MP (2010) ADR gone wild: is it time for a federal mediation exclusionary rule? Ohio State J Disput Resolut 25:713–769

    Google Scholar 

  • Dunham KF (2007) Is mediation the new equity? Am JTrial Advocacy 21:87–113

    Google Scholar 

  • Edison Electric Institute (2014) Before and after the storm: a compilation of recent studies, programs, and policies related to storm hardening and resiliency. Washington, D.C.

  • Eisen JB (2000) Alternative dispute resolution at the environmental protection agency. In: Breger MJ et al (ed) Federal administrative dispute resolution deskbook for practitioners. ABA Section of Administrative Law and Regulatory Practice, pp 369-385.

  • Engel A, Korf B (2005) Negotiation and mediation techniques for natural resource management. Food and Agriculture Organization of the United Nations, Rome

    Google Scholar 

  • Environmental Protection Agency (2000) Policy on alternative dispute resolution. EPA Conflict Prevention and Resolution Center. http://www.epa.gov/adr/epaadrpolicyfinal.pdf. Accessed 29 September 2015.

  • Environmental Protection Agency (2002) Facilitation. Superfund community involvement toolkit. http://www.epa.gov/superfund/community/toolkit.htm. Accessed 17 September 2015.

  • Environmental Protection Agency (2013) Guidance for Indian tribes seeking redesignation of Indian country pursuant to section 164(c) of the Clean Air Act. EPA Tribal Air. http://www3.epa.gov/air/tribal/pdfs/GuidanceTribesClassIRedesignationCAA.pdf. Accessed 28 September 2015.

  • Erden EI (2011) Land tenure and disaster risk management. Disaster Risk Reduction Program, Florida International University.

  • Field P, Strassberg M, Harvey K (2009) Integrating mediation in land use decision making.

  • Fisher R, Ury W (2011) Getting to say yes: negotiating agreement without giving in, 3rd edn. Penguin Books.

  • Folke C, Hahn T, Olsson P, Norberg J (2005) Adaptive governance of social-ecological systems. Annu Rev Environ Resour 30:441–473

    Article  Google Scholar 

  • Food and Agriculture Organization of the United Nations (FAO) (2011) The state of the world’s land and water resources for food and agriculture: managing systems at risk.

  • Food and Agriculture Organization of the United Nations (FAO) (2014) The water-energy-food nexus: a new approach in support of food security and sustainable agriculture.

  • Fowler LB (2015) Continuing collaboration in the fact of contention: addressing water needs in Oregon’s Deschutes river basin. Alternative Dispute Resolution Committee Newsletter. http://www.americanbar.org/content/dam/aba/publications/nr_newsletters/adr/201507_adr.authcheckdam.pdf. Accessed 13 October 2015.

  • Fugate C (2013) Written testimony of FEMA Administrator Craig Fugate for a Senate committee on banking, housing, and urban affairs, subcommittee on economic policy hearing titled “Implementation of the Biggert-Waters Flood Insurance Reform Act of 2012: One Year After Enactment”. U.S. Department of Homeland Security news. http://www.dhs.gov/news/2013/09/18/written-testimony-fema-administrator-craig-fugate-senate-banking-housing-and-urban. Accessed 30 September 2015.

  • General Counsel of the Army (2015) Alternative dispute resolution: its place in the spectrum of conflict resolution. Army ADR Program, Office of the Army General Counsel.

  • Gleick PH (2015) Impacts of California’s ongoing drought: hydroelectricity generation. Pacific Institute, Oakland

    Google Scholar 

  • Gosnel H, Kelly EC (2010) Peace on the river? Social-ecological restoration and large dam removal in the Klamath Basin, USA. Water Altern 3:361–383

    Google Scholar 

  • Gudgell KH, Moore SC, Whiting G (2006) The Nez Perce Tribe’s perspective on the settlement of its water right claims in the Snake River basin adjudication. Ida Law Rev 42:563–593

    Google Scholar 

  • Guiao RC (2013) How tribal water rights are won in the west: three case studies from the northwest. Am Indian Law Rev 37:283–321

    Google Scholar 

  • Harges BM (2013) Equity for minorities: hurricane mediation programs. GPSolo 30:66–67

    Google Scholar 

  • Hudson River Sustainable Shorelines (2015) Project overview. https://www.hrnerr.org/doc/?doc=260857495. Accessed October 2, 2015.

  • Hurricane Sandy Rebuilding Task Force (2013) Hurricane Sandy rebuilding strategy: stronger communities, a resilient region

  • Idaho Water Resource Board (2004) Fact sheet on Snake River water agreement. Idaho Water Resource Board, Water Resources Planning. http://www.idwr.idaho.gov/waterboard/WaterPlanning/nezperce/pdf_files/fact-sheet.pdf. Accessed 28 September 2015.

  • Imperial MT (2005) Using collaboration as a governance strategy: lessons from six watershed management problems. Adm Soc 37:281–320

    Article  Google Scholar 

  • In re SRBA (1999) Consolidated Subcase 03-10022, No. 39576, District court of the fifth district of the state of Idaho.

  • In re SRBA (2014) Case No. 39576, District Court of the Fifth District of the State of Idaho.

  • In Re the General Adjudication of Rights to the Use of Water from the Snake River Basin Water System, Supreme Court No. 99143, Supreme Court of the State of Idaho 1987.

  • Indiana Rules of Court, Rules for Alternative Dispute Resolution 2016. http://www.in.gov/judiciary/rules/adr/. Accessed 26 Jan 2016.

  • Jarvie J (2015) South Carolina residents rush to higher grounds as 14 dams fail. Los Angeles Times. http://www.latimes.com/nation/la-na-south-carolina-floods-dams-20151007-story.html. Accessed 8 October 2015.

  • Jones TS (2006) Emotion in mediation: implication, applications, opportunities, and challenges. In: Herrman MS (ed) The Blackwell handbook of mediation: bridging theory, research, and practice. Blackwell Publishing, pp277-299.

  • Karkkainen BC (2008) Getting to “let’s talk”: legal and natural destabilizations and the future of regional collaboration. Nev Law J 8:811–829

    Google Scholar 

  • Klamath Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (2010).

  • Klamath Basin Water Recovery and Economic Restoration Act, Senate Report 113-299, 113th Congress 2d Session (2014).

  • Klamath Hydroelectric Settlement Agreement (2010).

  • Klee AR, Mecham D (2006) The Nez Perce Indian water right settlement – federal perspective. Ida Law Rev 42:595–632

    Google Scholar 

  • Kloppenberg LA (2002) Implementation of court-annexed environmental mediation: the District of Oregon pilot project. Ohio State J Disput Resolut 17:559–596

    Google Scholar 

  • Koontz TM, Steelman TA, Carmln J, Korfmacher KS, Moseley C, Thomas CW (2004) Governmental roles in collaborative environmental management. In: Collaborative environmental management: what roles for government? Resources for the Future, Washington, pp 1–34

    Google Scholar 

  • Kreye J (1997) The Forest County Potawatomi request redesignation under the Clean Air Act. 4. Wis Environ Law J 4:87–109

  • Lasswell H (1971) A preview of policy sciences. American Elsevier, New York

    Google Scholar 

  • Liu J, Mooney H, Hull V et al (2015) Systems integration for global sustainability. Science 347:963–972. doi:10.1126/science.1258832

    CAS  Google Scholar 

  • Los Angles Times (2001) Farmers release water in drought feud. http://articles.latimes.com/2001/jul/06/local/me-19315. Accessed 12 October 2015.

  • Louisiana Speaks (2007) Louisiana Speaks regional plan: background, context, and process.

  • Louisiana State Bar Association v. Carr & Associates, Inc. 15 So. 3d 158 (La. Ct. App. 2009).

  • Madrid JJ, Martin JG (2002) Advantages of using mediation and arbitration to settle environmental disputes. In: MacNaughton AL, Martin JG (eds) Environmental dispute resolutions. American Bar Association Section of Environment, Energy, and Resources, Chicago

    Google Scholar 

  • Maligno T, Rajotte B (2015) Trial by water: reflections on Superstorm Sandy. Fordham Environ Law Rev 26:345–382

  • McGovern FE (2006) Mediation of the Snake River Basin adjudication. Ida Law Rev 42:547–561

    Google Scholar 

  • Mediator’s Term Sheet (2004) http://www.idwr.idaho.gov/waterboard/WaterPlanning/nezperce/pdf_files/complete-agreement.pdf. Accessed 27 September 2015.

  • Menkel-Meadow CJ, Love LP, Schneider AK (2013) Confidentiality and ethics. In: Mediation: practice, policy, and ethics, 2nd edn. Wolters Kluwer Law & Business, New York, pp 319–354

    Google Scholar 

  • Milner M (2015) Water law meets participatory democracy: a Klamath Basin example. J Environ Law Litigation 30:87–139

    Google Scholar 

  • Moore CW (1991) Corps of Engineers uses mediation to settle hydropower dispute. U.S. Army Corps of Engineers, Alternative Dispute Resolution Series.

  • Moore CW (2014) The mediation process: practical strategies for resolving conflict, 3rd edn. Jossey-Bass, San Francisco

    Google Scholar 

  • National Academy of Sciences, National Academy of Engineering, Institute of Medicine (2004) Facilitating interdisciplinary research. The National Academies Press, Washington

    Google Scholar 

  • National Oceanic and Atmospheric Administration (2012) Hurricane/post-tropical cyclone Sandy. Silver Spring, Maryland, October 22-29

    Google Scholar 

  • National Science Foundation (NSF) Advisory Committee for Environmental Research and Education (2003) Complex environmental systems: synthesis for earth, life, and society in the 21st century, a 10-year outlook for the National Science Foundation.

  • New York Town Law §276(8) Subdivision review; approval of plats; development of filed plats (2015).

  • New York Codes, Rules and Regulations (NYCRR), Title 11, §216.13 Mediation (2015).

  • Nolon SF (2010) The lawyer as process advocate: encouraging collaborative approaches to controversial development decisions. Pace Environ Law Rev 27:103–148

    Google Scholar 

  • Nolon SF (2012) Second best practices: addressing mediation’s definitional problems in environmental siting disputes. Ida Law Rev 49:69–119

    Google Scholar 

  • NSF Advisory Committee for Environmental Research and Education (2009) Transitions and Tipping Points in Complex Environmental Systems.

  • O’Leary R, Yandle T, Mooreb T (1999) The state of the states in environmental dispute resolution. Ohio State J Disput Resolut 14:515–612

    Google Scholar 

  • Pacific Coast Federation of Fishermen’s Associations v. U.S. Bureau of Reclamation (2001) 138 F. Supp. 2d 1228 (N.D. Cal.).

  • Pappas BA (2015) Med-arb and the legalization of alternative dispute resolution. Harvard Negotiation Law Rev 20:157–202

    Google Scholar 

  • Powers K, Baldwin P, Buck EH, Cody BA (2005) Klamath River basin issue and activities: an overview. Congressional Research Service Report for Congress.

  • Prince S (2007) After the floods. New Law J 157:1368–1370

    Google Scholar 

  • Public Hearing on the Proposed Redesignation of the Forest County Potawatomi community to a PSD Class I area (1995) Proposed rule, 60 Federal Register 40139.

  • Rasul G, Sharma B (2015) The nexus approach to water-energy-food security: an option for adaptation to climate change. Clim Pol. doi:10.1080/14693062.2015.1029865.

  • Redesignation of the Forest County Potawatomi Community Reservation to a PSD Class I area; dispute resolution with the state of Michigan (2008) 73 Federal Register 23107.

  • Redesignation of the Forest County Potawatomi Community to a PSD Class I area (1995) Notice of proposed action, 60 Federal Register 33779.

  • Reed AJ, Mann ME, Emanuel KA et al (2015) Increased threat of tropical cyclones and coastal flooding to New York City during the anthropogenic era. Proceedings of the National Academy of Sciences of the United States of America. doi:10.1073/pnas.1513127112.

  • Riskin LL, Welsh NA (2008) Is that all there is? “The problem” in court-oriented mediation. George Mason Law Rev 15:863–932

    Google Scholar 

  • Rubin M (2008) Disaster mediation: lessons in conflict coordination and collaboration. Cardozo J Confl Resolut 9:351–370

    Google Scholar 

  • SABMiller, World Wildlife Fund (WWF) (2014) The water-food-energy nexus: insights into resilient development.

  • Sasser KA (2001) Freedom to contract for expanded judicial review in arbitration agreements. Cumberland Law Rev 31:337–366

    Google Scholar 

  • Senate Bill 814, Oregon Laws (2013) Chapter 350.

  • Shortle J, Abler D, Blumsack S et al (2015) Pennsylvania climate impact assessment update.

  • Shrum W (2014) What caused the flood? Controversy and closure in the Hurricane Katrina disaster. Soc Stud Sci 44:3–33

    Article  Google Scholar 

  • Siegel J, Kieber R (2014) Turning lemons into lemonade: resilience, smart growth and equitable development on Long Island. EPA’s Greening the Apple. https://blog.epa.gov/blog/2014/09/turning-lemons-into-lemonade-resilience-smart-growth-and-equitable-development-on-long-island/. Accessed 2 Oct 2015.

  • Spencer D, Brogan M (2006) Mediation law and practice. Cambridge University Press, New York

    Google Scholar 

  • State of New Jersey Department of Banking and Insurance (2013) Order No. A13-106, In the matter of the establishment of a mediation program to aid in the resolution of claims related to storm Sandy.

  • Stern CV, Kim S (2015) Indian water rights settlements. Congressional Research Service.

  • Strack SW (2006) Pandora’s box or golden opportunity? Using the settlement of Indian reserved water right claims to affirm state sovereignty over Idaho water and promote intergovernmental cooperation. Ida Law Rev 42:633–671

    Google Scholar 

  • Susskind L, McKearnan S, Thomas-Larmer J (1999) The consensus building handbook: a comprehensive guide to reaching agreement. Sage Publications, USA

    Google Scholar 

  • Susskind L, McKearnan S, Thomas-Larmer J (2000) The mutual gains approach. In: Negotiating environmental agreements: how to avoid escalating confrontation, needless costs, and unnecessary litigation. Island Press, USA

    Google Scholar 

  • Susskind L, Camacho AE, Schenk T (2010) Collaborative planning and adaptive management in Glen Canyon: a cautionary tale. Columbia J Environ Law 35:1–54

    Google Scholar 

  • The Administrative Dispute Resolution Act of 1996, Public Law 104-320, 5 U.S.C. §§ 571-584.

  • The Alternative Dispute Resolution Act of 1998, Public Law 105-315, Oct. 30, 1998, 28 U.S.C. §§ 651-658.

  • The International Energy Agency (2014) World energy outlook 2014.

  • The International Renewable Energy Agency (2015) Renewable energy in the water, energy & food nexus

  • The National Association of Realtors (2006) The impact of hurricanes on housing and economic activity: a case study for Florida.

  • The Oregon Water Resources Department (2013) The Oregon Water Resources Department completes Klamath river basin adjudication (1975-2013).

  • The World Commission on Dams (2000) Dams and development: a new framework for decision-making. Earthscan Publications, London

    Google Scholar 

  • U.S. Department of the Interior, U.S. Department of Commerce, National Marine Fisheries Service (2012) Klamath dam removal overview: report for the Secretary of the Interior, an assessment of science and technical information.

  • Union of Concerned Scientists (2013) Overwhelming risk: rethinking flood insurance in a world of rising seas.

  • United Policyholders (2013) Best practices for post-disaster insurance claim mediation programs.

  • United States District Court of Eastern District of New York (2014a) In Re Hurricane Sandy Cases, Case Management Order No. 1.

  • United States District Court of Eastern District of New York (2014b) In Re Hurricane Sandy Cases, Case Management Order revised No. 1.

  • Van De Wetering S, Mckinney M (2006) The role of mandatory dispute resolution in federal environmental law: lessons from the Clean Air Act. Environ Law Litigation 21:1–44

    Google Scholar 

  • Velikonja U (2009) Making peace and making money: economic analysis of the market for mediators in private practice. Albany Law Rev 72:257–289

    Google Scholar 

  • Vinson N (2013) Florida’s DFS mediation program needs help. The Policyholders’ Advocate Property Insurance Coverage Law Blog, http://www.propertyinsurancecoveragelaw.com/2013/08/articles/insurance/floridas-dfs-mediation-program-needs-help/. Accessed 11 Jan 2016.

  • Volpe MR (2008) Taking stock: ADR responses in post-disaster situations. Cardozo J Confl Resolut 9:381–396

    Google Scholar 

  • Volpe MR (2014) Post disaster ADR responses: promises and challenges. Fordham Environ Law Rev 26:95–131

    Google Scholar 

  • Waldo JC, Fowler LB, West CW (2012) Mediation and voluntary resolution of environmental, natural resource, and land use conflicts. In: Mackie AW et al (eds) Washington real property deskbook series volume 6: land use development, 4th edn. Washington State Bar Association, Washington, pp 18–30

    Google Scholar 

  • Walls ML (2015) The Army Corps of Engineers: comprehensive floodwater retention in the Red River basin and the Fargo-Moorhead flood diversion project. Minn J Law Sci Technol 16:547–613

    Google Scholar 

  • Ware SJ (2007) Principals of alternative dispute resolution, 2d edn. West, USA.

  • Welsh NA, Schneider AK (2013) The thoughtful integration of mediation into bilateral investment treaty arbitration. Harvard Negotiation Law Rev 18:71–144

    Google Scholar 

  • Williams BK, Brown ED (2012) Adaptive management: the U.S. Department of the Interior application guide. Adaptive Management Working Group, U.S. Department of the Interior, Washington

  • Wolf AT, Newton JT (2009) Case studies of transboundary dispute resolution. In: Priscoli JD, Wolf AT (eds) Managing and transforming water conflicts. Cambridge, New York, pp 169–248

    Google Scholar 

  • Zuckerman S (2006) Mediation program helps Mississippi and Louisiana rebuild after Katrina and Rita. Disput Resolut J 61:1–7

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Senior Lecturer, Penn State Law; Research Fellow, Penn State Institutes of Energy and the Environment, Penn State University, 229 Katz Building, University Park, PA, 16802, USA

    Lara B. Fowler

  2. Staff Attorney, Penn State Law; Penn State Institutes of Energy and the Environment, Penn State University, 135B Land and Water Research Building, University Park, PA, 16802, USA

    Xiaoxin Shi

Authors
  1. Lara B. Fowler
    View author publications

    You can also search for this author in PubMed Google Scholar

  2. Xiaoxin Shi
    View author publications

    You can also search for this author in PubMed Google Scholar

Corresponding author

Correspondence to Xiaoxin Shi.

Rights and permissions

Reprints and permissions

About this article

Check for updates. Verify currency and authenticity via CrossMark

Cite this article

Fowler, L.B., Shi, X. Human conflicts and the food, energy, and water nexus: building collaboration using facilitation and mediation to manage environmental disputes. J Environ Stud Sci 6, 104–122 (2016). https://doi.org/10.1007/s13412-016-0373-x

Download citation

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s13412-016-0373-x

Keywords

Search

Navigation