Implementing Environmental Laws: “Negotiating Everything”
Dave Owen's The Negotiable Implementation of Environmental Law did a nice job of highlighting some of the major statutes that are the backbone of our practice and the launching point for effective negotiation. One of the implications of the article that highlights the axiom “wake up . . . people are negotiating” is to understand that promulgation of the law by regulations is not the end point. Rather, the final product, often a permit, is the product of specific facts, a relevant setting, and the application of external forces and needs, such as environmental justice. The article also addresses and promotes transparency, which always sounds good but does have practical implications. The problem, as Professor Owen wisely points out, is that there isn’t really a repository of settlement documents. But the Comment notes that DOJ has a repository of consent decrees, because all the consent decrees subject to public comment are available.