Characteristics of environmental disputes

■ Relevant interests and stakeholders

The effective mediation of environmental disputes encompasses the balance between preserving the environment and pursuing development. Finding solutions to environmental problems proves challenging for domestic governments, often being implicated in the issues. The initial phase includes identifying the stakeholders, individuals or groups concerned with a particular environmental problem.

■ Interrelatedness

The complexity of environmental disputes arise from the interrelated nature of these disputes, as any environmental issue has a direct influence on other factors. For instance, a dispute related to air pollution not only affects environmental concerns but also has implications for human development. This is evident in the sources of air pollution, which encompass industries involved in manufacturing, the production of materials for human development, transportation services, and more. Consequently, isolating any specific environmental dispute becomes a challenging task.

■ Lack of cohesion

It also includes the challenge that groups advocating for environmental issues often lack cohesion. This lack of unity may stem from leadership issues within the groups and their overall fragmentation. The absence of clear leadership among these diverse groups, each championing different causes, leads to additional challenges. These challenges manifest in confusion and varying expectations among the groups, particularly regarding who should be involved in the decision-making process and related matters.

■ Conflicting understandings

Environmental conflicts are characterized by a challenge in making specific or even broad determinations regarding costs, parties involved, and boundaries. There is a lack of agreement on the method for assessing the value of environmental benefits or losses.
Conflicting assertions of public interests present another complication. This is due to various environmental groups claiming to represent public interest based on different grounds. The democratic structure of government imposes an obligation on the state to consider the interests of everyone. Consequently, reconciling these divergent interests becomes exceedingly difficult.

■ Issues in execution and enforcement

The execution of environmental agreements is frequently beyond the control of the private entities involved in the agreements. Therefore, if the government is to assume responsibility for the implementation of these agreements, government approval is necessary for resolution.

■ Diversity, power imbalances and lack of connection

Environmental disputes typically involve numerous parties, and the cultural diversity of these parties poses an additional concern when addressing environmental interests and the road to resolving such disputes in terms of restorative justice and common-ground mediation. Another distinctive feature of such disputes is the varying assessments of the same situations by the diverse parties involved in the dispute.

The hierarchy among the involved parties, with “level” denoting distinct power levels and forms of power, also define environmental disputes. This includes bargaining imbalances seen in corporate responsibility movements, governmental projects and the community.
The variety among the parties also suggests a lack of connection among those involved in the same dispute, and in certain instances, a history of troubled relationships exacerbates the issue.

■ Lack of knowledge

Disparities in knowledge and expertise in the relevant field contribute to escalating the problem further. This imbalance is evident in negotiations, where varying skill levels in support of negotiation or prolonged discussions become apparent.

Examples of environmental disputes appropriate for mediation

■ Land use and development conflicts: a community opposes a proposed development project in a sensitive environmental area.

■ Water resource allocation: disputes between farmers, urban areas, and industrial users over water rights and allocation.

■ Pollution and contamination issues: contamination of air, water, or soil due to industrial activities, leading to conflicts between affected communities and companies.

■ Protected species and habitat conservation: conflicts arising from proposed projects impacting endangered species or their habitats. Goals with the need to protect endangered species and their ecosystems.

■ Noise and visual impact disputes: community objections to the construction of wind farms, highways, or other infrastructure projects due to noise or visual impacts.

■ Waste management and disposal: disputes over the location and operation of waste disposal facilities.

■ Fishing rights and conservation: disputes between commercial and recreational fishermen, environmentalists, and regulatory bodies regarding fishing practices and conservation measures.

■ Climate change policy: disagreements over local or regional climate change policies, such as emissions reductions, renewable energy projects, or adaptation strategies.

■ National park and wilderness management: conflicts over the use of national parks or wilderness areas for tourism, recreation, or resource extraction.

■ Disputes over environmental regulations: industries challenging the enforcement of environmental regulations, claiming they are overly restrictive, while environmental groups push for stricter regulations.