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Quick deals and raw deals: A perspective on abuses of public ADR principles in Texas resource conflicts

1993; Elsevier BV; Volume: 13; Issue: 5 Linguagem: Inglês

10.1016/0195-9255(93)90023-5

1873-6432

Jack D. Kartez, Peter A. Bowman,

Environmental Justice and Health Disparities

Comparing the recent Texas Copper Company smelter controversy with the celebrated Homestake open-pit mine case a decade ago illustrates that opportunities exist for resolving difficult siting and resource development conflicts, but that such opportunities can be misused, and sound dispute resolution principles abused. The route to failed siting efforts is to ignore the established evidence of the need for processes that acknowledge all stakeholders and the need for treating environmental analysis as a joint effort among parties instead of as a battle over facts. Unfortunately, cases continue to exist where a narrow focus on the settlement, however creative it may be, is leading to failure because of contempt for or ignorance of the importance of pre-negotiation and in-negotiation process requirements. In short, the “quick deal” may be no bettern than “no deal” in environmental conflicts.