Constructive Engagement / Collaborative
Processes
Constructive engagement is an approach that brings communities,
local governments, environmental groups and oil and gas companies
together to address social and environmental issues through cooperative,
non-adversarial partnerships. These partnerships may not always
be appropriate or effective, but knowing what they are and how
they work can give communities an alternative to conflict and
litigation.
- A constructive engagement process may include the following
forums:
- Good neighbor agreements
- Community advisory committees
- Independent constructive engagement organizations
- Participatory studies, such as NEPA environmental impact assessments
or baseline development studies
- Participatory monitoring or oversight committees
- Grievance resolution systems and procedures
Stakeholders and industry can interact within these forums through
informal talks, stakeholder negotiations, or through formal mediations
or grievance mechanisms.
|
Introduction to Constructive
Engagement
For more information, see CDR
Associates’ CE
Powerpoint on the Workshop page.
|
|
|
Though
many communities may only require open lines of communication
and a good working relationship with industry, a more formal collaborative
process can be a useful approach to finding solutions to contentious
issues. Collaborative processes inform stakeholders, foster discussion
between parties in a non-adversarial environment with the help
of a facilitating, neutral party, and allow stakeholders themselves
to explore and develop solutions to their problems.
Whether communities turn to collaborative process or other forms
of constructive engagement to address development issues, it is
important for the process to involve all stakeholders from the
beginning, to establish the process’ legitimacy, to make use of
facilitation and technical advice as needed, and to address the
economic, social and environmental concerns of the community.
A wealth of resources and institutions exist to assist communities
with engaging in such processes.
The Red Lodge Clearinghouse
A project of the Natural Resources Law Center, the Red
Lodge Clearinghouse provides a wide range of resources for
participants in collaborative process involving natural resources
issues. The site provides information about federal laws, upcoming
events and training, stories of successful and not-so-successful
collaborations, and access to technical assistance and facilitation.
Additionally, the site provides valuable
guides: a collaboration handbook, a guide to grant-writing,
tools for environmental problem-solving, and more.
Mediation and Facilitation Resources
CDR Associates
Meridian Institute
U.S. Institute for Environmental
Conflict Resolution
Colorado Council of
Mediators and Mediation Organizations
Association for Conflict Resolution
Ruckelshaus Institute of Environment
and Natural Resources
Wyoming
Agriculture and Natural Resource Mediation Program
Utah
Dispute Resolution, Community Mediation
Montana Mediation Association
For more resources go to the Red
Lodge Clearinghouse Facilitation Directory.
Community Spotlight: Watershed Plan for the Town
of Palisade and the City of Grand Junction
 Palisade
and Grand Junction, Colorado, two communities sharing a watershed
and oil and gas development, have successfully worked with Genesis
Gas & Oil to plan for development within the watershed in
a way that protects it as much as possible and keeps the communities
involved as the development progresses. Though the
watershed plan is not legally binding, involved
parties are committed to resolving issues related to energy development
in the communities. While Genesis voluntarily accepted the plan’s
provisions, should the leases be transferred or sold to another
company, the Bureau of Land Management (BLM) would hold new lessees
to the plan as a template for their operations.
Through public meetings and surveys, and news releases,
community members were able to identify potential issues stemming
from energy development in the watershed, establish working relationships
between stakeholders, create an ongoing forum for communications,
and formulate the watershed plan. The plan contains elements of
risk analysis, third-party baseline studies and monitoring, voluntary
commitments by Genesis, best management practices for protection
of the watershed and risk mitigation, and an overview of agency
roles and responsibilities and relevant permitting and regulations.
The intent of the watershed plan is that the economic, social,
and environmental health of the involved communities will be considered
and addressed appropriately as energy development progresses. |
Community Resources
In addition to leadership and cooperation amongst stakeholders,
community planning requires information about projected population
growth, hydrology, infrastructure, service provision, community
character, costs and fiscal impacts, and more. In addition to
political and regulatory dynamics, this technical information
is vital to smart community growth. For communities experiencing
oil and gas development, this information is needed to accurately
assess potential impacts of the development and lead to successful
negotiation between community stakeholders and industry.
The following organizations can provide funding, technical assistance,
and other support to communities who wish to work with industry
to form a plan for development.
Earthworks Oil & Gas Accountability Project
The Earthworks Oil & Gas Accountability Project (OGAP) works
with tribal, urban and rural communities to protect their homes
and the environment from the devastating impacts of oil and gas
development. OGAP provides information useful to communities and
individual landowners, including workshops, fact sheets, best
management practices, and model regulations. The OGAP’s guide
for landowners (Oil
and Gas at Your Door?) details landowners’ legal rights and
offers information about the oil and gas development process.
OGAP has offices in Colorado, Montana and New Mexico.
The Sonoran Institute
The
Sonoran Institute is committed to helping communities in the
West both to move to a secure, sustainable energy future that
supports prosperity and quality of life and to mitigate the environmental,
economic and social impacts of conventional energy development.
Colorado
Center for the American
West
CommunityViz
Rocky Mountain
Land Use Institute
Western Colorado Congress
and Grand Valley Citizens Alliance
Montana
Greater Yellowstone
Coalition
Northern Plains Resource
Council
New Mexico
New Mexico Environmental
Law Center
San
Juan Citizens Alliance
Utah
Utah Department of Community
and Economic Development
Utah Office of Rural Development
Utah League of Cities and
Towns
Utah Department
of Natural Resources, Division of Oil, Gas, and Mining
Utah Department of Environmental
Quality, see “Citizens” and “Stakeholders” tabs
Wyoming
Building
the Wyoming We Want
Plan-IT
Wyoming
Powder
River Basin Resource Council
Wyoming
Rural Development Council
Wyoming
Business Council
Wyoming Community
Foundation
Regulatory Bodies and Relevant Regulations
Oil and gas development in a community may be regulated by federal,
state and local law as well as all levels of government agencies.
For a general introduction to oil and gas regulation, see the
Red Lodge Clearinghouse (RLCH) Oil
and Gas Resource Development page, especially Process Essentials:
Federal, State and Local Regulation. This RLCH webpage includes
information on planning, leasing and permitting of development
as well as the assessment of impacts under the National Environmental
Policy Act (NEPA). For a more detailed summary of laws and regulations
applicable to oil and gas development, see the LAWS
pages of our web site.
The Bureau of Land Management
The Bureau of Land Management (BLM) is the primary authority
for regulating development of oil and gas on federal lands and
of federally-owned oil and gas, regardless of the land ownership.
Other land management agencies, e.g., the U.S. Forest Service,
U.S. Fish and Wildlife Service, and National Park Service, participate
in leasing and development decisions on lands that they manage.
Because of their role in oil and gas development, coordination
with the BLM is usually extremely important. Some useful links
to BLM resources include:
Colorado
Resource Advisory Council
Colorado
Oil and Gas
Montana
Oil and Gas Information
Montana
Oil and Gas Lease Sale Information
Montana
Lease Sale Protest Information
New
Mexico Oil and Gas Information
Utah
Oil and Gas Leasing Information
Utah
Planning and RMPs Information
Wyoming
BLM Oil and Gas Leasing information
Wyoming
BLM Planning Documents |
