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Superfund and Negotiation

NCJ Number
101897
Journal
Environmental Impact Assessment Review Volume: 5 Issue: 4 Dated: (1985) Pages: 295-299
Author(s)
F R Anderson
Date Published
1985
Length
5 pages
Annotation
Mediation, properly structured to prevent abuse, could expedite the cleanup of some hazardous waste spills under Superfund parameters.
Abstract
Provision for flexibility in implementing Superfund mandates permits mediation between the involved parties to develop a strategy for cleanup. The cleanup rate under Superfund has been extremely slow, and mediation is the best way to expedite the process. A skilled convener could be employed by the Environmental Protection Agency (EPA) to explore interest in a negotiated solution, identify the involved parties, and determine areas for agreement. If initial meetings of involved parties lay the foundation for mediation, a mediator, usually the original convener, could guide the parties to a negotiated cleanup agreement. EPA has no objection to pursuing mediation for the cleanup of sites having high EPA priority and for which EPA has the funds and staff to perform the cleanup. It resists, however, the holding of mediation sessions for sites where funds and staff are not allotted. EPA should be willing to participate in mediations that will explore the use of alternative public and private resources for cleaning up sites.