ICRI: State of the States: Illinois

The State of the States in Environmental Dispute Resolution:
ILLINOIS

Current Projects:	United States Postal Service	Employment Arbitration	Indiana Dept of Env. Management	Indiana ADR Providers	Shared Neutrals Pilot	U.S. Dept. of Justice
Completed Projects:	U.S. Env. Protection Agency	EDR State of States	Occupational Safety & Health Review Commission	National Institutes of Health	Focus Groups Sessions

Status:
In the mid-1970s, the Illinois Environmental Protection Agency (Illinois EPA) set up the Office of Community Relations to try to improve the agency’s relationship with the public. Two pilot programs were initiated—the water quality program and the hazardous waste remediation program. The agency informally uses EDR in both programs.

Legal Authority:
710 Ill. Comp. Stat. Ann. 20/1–/6 (West 1992) (codifying the Illinois Not-for-Profit Dispute Resolution Center Act, which (1) authorizes the establishment of Dispute Resolution Centers in each judicial circuit with the purpose of training mediators and facilitating mediation of disputes and (2) establishes a confidentiality privilege for all mediation-related communications).

Contact Information:
     Greg Michaud
     Illinois EPA
     Mail Code 5
     1021 N Grand Ave
     P.O. Box 19276
     Springfield, IL 62794-9276
     Phone: (217) 785-3819
     Fax (217) 785-7725

Program Summary

The Illinois EPA has used informal EDR processes primarily to involve the public in environmental decisionmaking. The state’s Clean Water Act Section 208 Program uses EDR methods to deal with nonpoint sources of water pollution, usually involving agriculture. The hazardous waste program also uses some EDR. When using EDR techniques, the Illinois EPA meets informally with individuals or groups, usually at the home or office of the interested party.

The Illinois EPA has successfully garnered public support for its hazardous waste program. For example, of forty-three National Priority List sites¹³ in the state, the United States EPA is the primary agency for twenty-two of the sites; the Illinois EPA is the primary agency for the other twenty-one sites. Four of the United States EPA sites have been significantly delayed because of community objection. None of the Illinois EPA sites have been stopped, largely because of the Illinois EPA’s use of EDR.

The success of EDR practices has led to the application of EDR in the environmental permit programs.

Lessons Learned

Do not wait until the community is outraged about the situation before taking action. Get them involved early.

Giving the public a chance to be heard is a very important step toward preventing disputes and keeping concerns from escalating to the point where legal action is being considered.

Large public meetings often lead to grandstanding which is not directly relevant to the issue at hand.

Miscommunication between agency personnel and other parties is often responsible for deadlock on substantive issues.

Training staff about risk communication has been a significant help to this agency in identifying and resolving disputes.

Further Information

Publication

Thomas E. Carbonneau, Alternative Dispute Resolution: Melting the Lances and Dismounting the Steeds (1989).

13 The National Priority List is a list of the nation’s worst hazardous waste sites, made pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 壯 9601–9675 (1994).

Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 - Indiana University, Bloomington