Search USGSSearch

USGS · 70128718

Assessing the "need to negotiate" in FERC licensing consultations: a study of two hydropower projects

Abstract

We investigated the “need to negotiate” in a comparative case study of multi-agency negotiations in the FERC licensing process. Researchers interviewed participants in two cases involving environmental consultations and asked about parties' level of need to negotiate throughout the process. Participants identified a need to negotiate, and when this need was strongly felt, there was an increased opportunity for an agreement to be reached. An intense need to negotiate by all parties is not a prerequisite to successful agreements. When key participants have a strong need to negotiate, they can instigate negotiations and encourage the involvement of other parties.

Explore related subjects

Keep this discovery

Explore connections, maps & timelines

BibTeXRIS

Beth A. K. Coughlan, Nina Burkardt, David Fulton. 1993. Assessing the "need to negotiate" in FERC licensing consultations: a study of two hydropower projects. https://doi.org/10.1016/0195-9255(93)90002-s

Cite the original work for its findings. Save a collection to share your selection of sources.

KEEP EXPLORING

Related USGS reports

Cumulative effects analysis to inform public land management in the United States: Key characteristics and legal challenges

Considering potential cumulative effects of proposed actions is fundamental to environmental impact analysis. However, cumulative effects analyses historically are not robust, especially for site-specific decisions. We sought to identify opportunities to strengthen cumulative effects analysis in a large United States public land management agency, the Bureau of Land Management (BLM). We asked 1) how cumulative effects analyses were legally challenged, 2) how site-specific cumulative effects analyses aligned with policy and compared to the broader-scale analyses to which they tiered, and 3) whether characteristics of cumulative effects analyses varied with category of proposed action, type of resource, or agency office. We used thematic analysis to assess litigation and appeals case documents finalized from 2010 to 2020 and a set of document analysis questions to assess National Environmental Policy Act (NEPA) analyses for BLM decisions completed prior to 2020 in Alaska and Colorado. We found that legal challenges related to cumulative effects focused on absence of cumulative effects analysis. In NEPA analyses, cumulative effects were frequently considered, but elements recommended in policy, such as citations, methods, and scope, were rarely included. These elements were present more often in the broader analyses to which site-specific analyses tiered. Many elements of cumulative effects analyses varied by proposed action and BLM office, and analyses of potential cumulative effects on air quality were consistently more detailed than for other resources. Our results suggest that many problems that historically plagued cumulative effects analysis persist. Advances in methods, training, and guidance could strengthen the defensibility of NEPA analyses.

Alaska, Colorado

The challenges and opportunities in cumulative effects assessment

The cumulative effects of increasing human use of the ocean and coastal zone have contributed to a rapid decline in ocean and coastal resources. As a result, scientists are investigating how multiple, overlapping stressors accumulate in the environment and impact ecosystems. These investigations are the foundation for the development of new tools that account for and predict cumulative effects in order to more adequately prevent or mitigate negative effects. Despite scientific advances, legal requirements, and management guidance, those who conduct assessments—including resource managers, agency staff, and consultants—continue to struggle to thoroughly evaluate cumulative effects, particularly as part of the environmental assessment process. Even though 45 years have passed since the United States National Environmental Policy Act was enacted, which set a precedent for environmental assessment around the world, defining impacts, baseline, scale, and significance are still major challenges associated with assessing cumulative effects. In addition, we know little about how practitioners tackle these challenges or how assessment aligns with current scientific recommendations. To shed more light on these challenges and gaps, we undertook a comparative study on how cumulative effects assessment (CEA) is conducted by practitioners operating under some of the most well-developed environmental laws around the globe: California, USA; British Columbia, Canada; Queensland, Australia; and New Zealand. We found that practitioners used a broad and varied definition of impact for CEA, which led to differences in how baseline, scale, and significance were determined. We also found that practice and science are not closely aligned and, as such, we highlight opportunities for managers, policy makers, practitioners, and scientists to improve environmental assessment.

Environmental Impact Assessment Review

Use of the instream flow incremental methodology: a tool for negotiation

The resolution of conflicts arising from differing values and water uses requires technical information and negotiating skills. This article outlines the Instream Flow Incremental Methodology (IFIM), developed by the US Fish and Wildlife Service, and demonstrates that its use to quantify flows necessary to protect desired instream values aids negotiation by illustrating areas of agreement and possible compromises between conflicting water interests. Pursuant to a Section 404 permit application to the US Army Corps of Engineers made by City Utilities of Springfield, Missouri, in 1978, IFIM provided the means by which City Utilities, concerned with a secure water supply for a growing population, and those advocating instream values were satisfied that their requirements were met. In tracing the 15-month process, the authors conclude that the application of IFIM, as well as the cooperative stance adopted by the parties involved, were the key ingredients of the successful permit application.

Environmental Impact Assessment Review