The use of alternative dispute resolution techniques in water resources is demonstrated and experience evaluated against current theory of bargaining and negotiating. Conflicts among environmentalists, developers, and government agencies are well known; they involve planning, constructing, operating, and regulating water resources projects. Two Section 404 permit cases are compared. One in 1980, involves issuing a general permit (GP) for wetland fill on Sanibel Island, Florida. The other, in 1987, involves issuing a GP for hydrocarbon exploration drilling throughout Louisiana and Mississippi. Generally, permits are granted on a case‐by‐case basis, but Corps district engineers may also issue GPs for activities that produce no negative cumulative impacts. In these cases the Corps adopted a revolutionary approach to GPs. Rather than writing the permit in house, the Corps suggested that the parties who conflict over permit applications get together and write the technical specifications for a GP. The Corps to...
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