Environmental Mediation: Can It Help Resolve Coal Disputes?

The decade of the 70?s saw a series of landmark environmental resource programs enacted by the Congress. Many states followed suit, so that by the end of the decade air quality, water pollution, and the conservation of other natural resources, including minerals, were the subject of a wide-ranging body of laws, policies, regulations, and procedures. Many of the actions required or permitted by this rule-making involved areas for which adequate information and substantial experience were not available. Moreover, goals and objectives were sometimes established which were enormously difficult to achieve technically, or of such formidable expense as to cause concern about their consequences in the marketplace. It is therefore hardly surprising that one product of all this activity has been a mass of litigation. Court dockets are crowded with suits and counter-suits involving both substantive and procedural aspects of environmental protection. Indeed, it is probably fair to say that the volume and range of environmentally-related disputes brought before the courts parallels that generated by the civil rights movement a decade ago. There were also some new dimensions to the environmental movement. For the first time, the national environmental policy act required agencies to prepare environmental impact statements when proposed projects or activities would have substantial impacts on environmental resources. Another requirement of many of the new programs mandated meaningful citizen participation in public decision-making. Here, as elsewhere, the purpose was admirable, but guidelines were vague, and the result often was inaction, polarization, and litigation.