Message From the Chair

Robin Juni

As you’ll see in the following pages, the ADR Coordinating Group is involved in a number of exciting programs and activities that we hope will benefit all those interested in the complex intersection of ADR techniques with environmental, energy and resources law.

At the 10th Section Fall Meeting in Portland, Oregon, in October 2002, participants enjoyed a terrific program spearheaded by Jim Kohanek, at which ADR officials from the federal FERC, EPA and DOI, as well as from the Oregon Department of Land Conservation and Development, discussed the range of ADR procedures available in disputes involving those agencies. In upcoming programs, members of the ADR Coordinating Group will participate in two discussions exploring the use of ADR processes in brownfields development and in sustainable development projects, both to be presented at the Dispute Resolution Section spring meeting in San Antonio.

An eagerly-awaited resource for attorneys and others involved in environment-related ADR processes – as clients, counsel or neutrals – has come to fruition. Ann MacNaughton, together with Jay Martin and a number of hardworking authors and editors, has provided us with Environmental Dispute Resolution: An Anthology of Practical Solutions. The new book, available through ABA Publishing, promises to be a key reference for those seeking practical analysis of the often-thorny landscape in which environmental ADR processes may be a critical tool.

We also thank Ann MacNaughton for her report on the environmental dispute resolution aspects coming out of the World Summit on Sustainable Development (WSSD) held this past summer in Johannesburg, South Africa.

We are tremendously excited about the pro bono project described in this issue. Along with the Section’s Second Generation Issues Committee, the ADR Coordinating Group is sponsoring the Pro Bono Legal Assistance for Communities (PBLAC) pilot, which seeks to match attorneys interested in providing pro bono services with individuals and organizations involved in the EPA community-based environmental protection (CBEP) program. Just as importantly, we’re interested in expansion. The CBEP program has provided an excellent starting point, and we are actively seeking other opportunities for volunteers to become involved. Please contact Dustin Ordway if you have ideas for other organizations (or groups of organizations) that would welcome ADR-related services.

Last, but certainly not least (and indeed our lead article), Rosemary O’Leary and Maja Husar have completed an important survey of attitudes about ADR techniques used in environmental and natural resources disputes. They conclude that environmental lawyers evince a “cautious optimism” regarding ADR processes, and intend to continue their research.

If you’d like more information about any of the issues discussed in this newsletter, please contact me or any of the vice-chairs of the ADR Coordinating Group.

Robin Juni is an attorney at the international law firm of Jones, Day, Reavis & Pogue, based in Washington, DC. She can be reached at 202/879-3850 or rljuni@jonesday.com.