30 Land & Water L. Rev. 57 (1995)
Bruce Babbitt's Use of Governmental Dispute Resolution: A Mid-Term Report Card

handle is hein.journals/lawlr30 and id is 69 raw text is: University of Wyoming
College of Law
LAND ANDWATER
LAW REVIEW
VOLUME XXX                       1995                       NUMBER 1
Bruce Babbitt's Use of Governmental Dispute
Resolution: A Mid-Term Report Card
Tom Melling*
I.   Introduction  ...................................             58
II.  Characteristics of a Successful Dispute Resolution Process ......  59
A. Voluntary Process ................................ 62
B. Participation By Interested Parties ..................... 64
C. Identification of Interests ........................... 65
D. Development of Possible Solutions and Options ........... 66
III. Two Case Studies of Secretary Babbitt's Efforts ............... 67
A. Case Study #1: Babbitt Mediates Alaska Fishermen's Battle With
Oil Companies  ...............................            67
B. Case Study #2: Babbitt's Attempts to Implement Grazing Reform . 72
1. The sources of controversy: the condition of Western range-
lands and the control of grazing management ......... 73
2. A semi-flawed process, little consensus ............... 77
IV. The Limits of Consensus For Environmental Policymaking ....... 83
V .  Conclusion  .....................................             89
* Law clerk to the Honorable Jerome Farris, Ninth Circuit Court of Appeals; B.A. Brown
University, 1989; J.D. Stanford Law School, 1994. A Fellowship at the Stanford Center on Conflict and
Negotiation greatly assisted my research. Many thanks to the editors and staff of the LAND & WATER LAW
REvIEW for their insightful comments and dedicated work. Any errors are my own.

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