Environmental Management at the Millennium: The Use of Environmental Dispute Resolution by State Governments

Abstract

This study assesses the extent to which state governments have adopted environmental dispute resolution (EDR) techniques, processes, and programs. Funded by the Hewlett Foundation, the study draws on insights gleaned from original interviews with state environmental and dispute resolution officials, analyses of archival materials, and analyses of state laws. It builds on the work emanating from the government performance project at Syracuse University, environmental rankings of states generated by Lester, and the diffusion of innovation literature. After developing a standardized rating of states' EDR programs, this study explains why some states successfully adopt EDR techniques while other choose not to adopt them or adopt them with limited success. Results suggest that states' management ability, overall capacity, and environmental commitment all have some influence, but could not solely explain the decision. Instead, the innovation variable change agents (and to a more limited extent geographic clustering and elite ideology), combined with management, institutional capacity, and environmental commitment, provide important explanations as to why states decide to adopt EDR programs.

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