The
State of the States in Environmental Dispute Resolution:
MISSOURI
| 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 | National Institutes of Health | Focus Groups Sessions |
Status:
The Missouri Department of Natural Resources (DNR) sends out letters regarding
environmental violations and gives the violators an opportunity to respond. The DNR will
sometimes bring in the State Attorney General’s Office for assistance with these
cases. The Department of Conservation has also employed EDR cooperatively with the DNR
when dealing with fish kills.
Legal Authority:
MO. ANN. STAT. §§ 435.350–.470 (West 1992 & Supp. 1999) (codifying the
Missouri Uniform Arbitration Act, which authorizes the use of arbitration agreements and
establishes law governing the validity of and procedure used in arbitrations); MO. SUP.
CT. R. 17.01 (authorizing adoption of ADR programs in the lower Missouri courts).
Contact Information:
Don Boos
Water Pollution Control Program
Division of Environmental Quality
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102-0176
Phone: (575) 751-1404
Fax: (575) 751-9396
Program Summary
Department of Natural Resources:
The DNR does not have a formal EDR program. However, it does have a statutory mandate to
enter into Conference, Conciliation, and Persuasion (CC&P) prior to referring any
matter to the Attorney General’s Office. Each program handles CC&P a little
differently. All programs send out letters regarding the violation and provide the
violator with an opportunity to respond. These letters can be the first step to reaching a
settlement. Some programs, after approval by an assistant attorney general, send the
violator a written proposed settlement. Other programs try to work out a settlement over
the phone. This EDR process is employed in about eighty-five percent of their cases.
Sometimes the Attorney General’s Office, on behalf of the DNR, files litigation as a
follow-up procedure. The state contracts for private trainers to train their employees in
the use of EDR. The DNR allows the employee to carry out the negotiations from the
beginning until the end, subject to final approval by management. Negotiation traditions
are not organized in any document; rather they are passed on verbally. When the Department
of Conservation and the DNR use EDR cooperatively, the Department of Conservation gives
the DNR their damage figures, and the DNR uses those figures in their resolution process.
Lessons Learned
- Use the same employee to coordinate the EDR process from beginning to end.
- Apply EDR first to the cases that appear readily resolvable.
Further Information
People
Melissa Manda, Department Counsel, Division of Environmental Quality, Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176, Phone: (573) 751-0323, Fax: (573) 751-7627.John A. Young, Director, Division of Environmental Quality, Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176, Phone: (573) 751-1404, Fax: (573) 751-9396.
Joseph P. Bindbeutel, Chief Counsel, Environmental Protection Division, Missouri State Attorney General’s Office, Phone: (573) 751-3321, Fax: (573) 751-8464.
Deborah Neff, Assistant Attorney General, Water Pollution Control Program and Clean Water Commission, Missouri State Attorney General’s Office, Phone: (573) 751-8822, Fax: (573) 751-8464.
Publications
Kevin Mohammadi, Department of Natural Resources, 1997 Water Pollution Control Program Annual Enforcement Report (1998).
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington