The
State of the States in Environmental Dispute Resolution:
NEVADA
| 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:
Nevada has established a regulatory appeals process through the Nevada State Environmental
Commission, which is the primary body responsible for responding to environmental
disputes. The state has no formal EDR program; however, the above collaborative processes
suit the state’s particular needs at this time. Also, in 1997, the state legislature
enacted a statute giving amnesty to companies who disclosed violations or illegal
practices discovered during environmental audits.
Legal Authority:
NEV. REV. STAT. ANN. §§ 38.015–.205 (Michie 1986) (codifying the Nevada
Uniform Arbitration Act, which authorizes the use of arbitration agreements and
establishes law governing the validity of and procedure used in arbitrations); NEV. REV.
STAT. ANN. §§ 445C.010–.120 (Michie Supp. 1997) (establishing procedures and
presumptions of amnesty and leniency for past civil and criminal environmental violations
if the violator uncovered the violations as part of an environmental audit).
Contact Information:
David Cowperthwaite, Executive Secretary
Nevada State Environmental Commission
333 West Nye Ln., Room 138
Carson City, NV 89706-0851
Phone: (775) 687-4670 ext. 3118
Fax: (775) 687-5856
E-mail: dcowpert@ndep.carson-city.nv.us
Program Summary Division of Environmental Protection and State Environmental Commission
According to state environmental officials, environmental disputes are very rare in Nevada. The two methods used to resolve disputes are staff hearings and environmental audits. In 1997, Nevada adopted an environmental audit statute.17 This statute allows the Nevada Division of Environmental Protection (Division) of the Nevada Department of Conservation and Natural Resources to grant amnesty for the voluntary disclosure of illegal practices or violations discovered in the process of an environmental audit. The environmental audit program covers air quality, water pollution, and waste management statutes. This statute can be used by regulated entities, but is only applicable in areas where the regulated entity does not have a history of violations.
A staff hearing is an alternative to litigation for anyone (usually a business in violation of a regulation) involved in an environmental dispute. The hearing includes the senior staff members of the Nevada State Environmental Commission (Commission) and violators. Violators are not required to participate in the hearing. At the hearing, violators have an opportunity to explain reasons for the violation, and often the Division issues a warning rather than a fine. Violators generally do not repeat the same violation after this hearing process. No third-party neutral is present. The process itself is formal, but there is no legislation or policy formally requiring or describing it. Disputes other than the violation of state regulations are so rare that legislation of dispute processes seems unlikely.
Nevada Agency for Nuclear Projects
Disputes regarding nuclear issues involve both the state government and the federal
government. Intrastate disputes are nonexistent, although transportation of high-level
nuclear waste may extend the problem of disposal beyond Nevada’s borders. The Nevada
Agency for Nuclear Projects is involved in resolving disputes with the Department of
Energy, the nuclear industry, and other out-of-state agencies, but has not handled
disputes involving Nevada businesses or individuals.
Lessons Learned
-
Having an informal open discussion
available before conflicts arise works well. The process creates a good rapport with
companies and prevents future problems.
- Nevada is still a small state where disputes can be handled in an informal manner before serious conflicts arise. Relationships between Nevada’s regulated communities and the Division and the Commission remains amicable, but as the state’s population grows and as the statutes and regulations become more complex, a formalized environmental conflict resolution process may eventually be needed.
Further Information
People
Kelly L. Behrens, Regional Manager, Las Vegas Regional Office, American Arbitration Association, 5440 W. Sahara, Suite 206, Las Vegas, NV 89146-0365, Phone: (702) 252-4071, Fax: (702) 252-4073, E-mail: usADRklb@arb.comMarsha Manley, Ombudsman, Nevada Division of Environmental Protection, 333 W. Nye Ln., Room 138, Carson City, NV 89706-0851, Phone: (775) 687-4670 ext. 3164, Fax: (775) 687-5856, E-mail: mmanley@ndep.carson-city.nv.us
Bob Loux, Executive Director, Nevada Agency for Nuclear Projects, Nuclear Waste Project Office, Office of the Governor, Capitol Complex, Carson City, NV 89710, Phone: (775) 687-3744, Fax: (775) 687-5277, E-mail: bloux@govmail.state.nv.us
Publications
Teresa P. Froncek Rankin, Agency Discretion and the Adoption of Regulations, NEV. LAW., Oct. 1997, at 20.
17 See Nev. Rev. Stat. Ann. §§ 445C.010–.120 (Michie Supp. 1997).
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington