Rosemont Mine mediation process is not an easy one

By Philip Franchine, for Inside Tucson Business
Published on Friday, November 07, 2008

Public opinion on the proposal by Rosemont Copper to open a mine in the Santa Rita Mountains is so heated that one aspect of an effort to increase public participation in the decision-making process may be falling apart.

Nevertheless, the organizer is seeking commitments from stakeholders to create a working group that would meet monthly to advise the Coronado National Forest on the proposed mine. A possible comment review group, which would partly overlap with the monthly working group, would review the thousands of public comments given to the Forest Service.

Mediator Carie Fox has scheduled a public meeting to be held from 6 p.m. to 8:30 p.m. Thursday (Nov. 13) at Empire High School, 10701 E. Mary Ann Cleveland Way, in Vail.

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Fox said in a telephone interview she is not certain that a group could analyze comments productively because nearly all stakeholders she has surveyed are focused on their preferred outcome, either stopping the mine or promoting it, rather than on creating guidelines for an open process.

In fact, opposition to the mine is so intense some stakeholders are debating whether to encourage a more complete process, in hopes it will turn up information they can use to block the mine proposal, or whether to drop out of the process in hopes the process will turn out to be incomplete or flawed, which would make it easier for them file suit on procedural grounds, Fox said.

Still, Fox said she will pursue efforts to convene a working group and comment review group because members of a group that continues beyond the comment analysis stage will be able to track the scientific analysis used by the Forest Service, ask questions about what method is being used and learn about what data are being used. Fox said she has seen cases where working groups can actually improve the scientific inquiry that follows the comment analysis and enhances the entire decision-making process.

Fox has talked to more than 100 people in Southern Arizona so far. The purpose of the working group would be twofold: to build confidence in the process among the public, many of whom do not trust the Forest Service, and to sharpen the agency’s analysis, by raising questions about its scientific methodology.

Fox, who is based in Portland, Ore., has been hired as a consultant by the U.S. Institute for Environmental Conflict Resolution/Morris K. Udall Foundation, at the request of the Forest Service. Her responsibility is to design a fair process to increase public participation in the National Environmental Policy Act (NEPA) process. The Forest Service must use NEPA as part of its decision-making process in whether to grant the mine permission to operate to Forest Service land.

Thursday’s meeting will provide an opportunity for the public and interested stakeholder groups to familiarize themselves with Fox and the U.S. Institute and to provide comment and brainstorm on guidelines that should be followed by the working group.

The ultimate decision on the mine proposal rests with Coronado National Forest Supervisor Jeanine Derby, but  opponents expect to file a lawsuit if the mine is proposed, and hope to delay any decision for perhaps a decade.

One reason so many stakeholders don’t trust the Forest Service is that at the beginning of the process the service posted on its website a statement implying that its role was simply to negotiate the terms of the mine’s activity, not whether to approve or reject the mine proposal. Those opponents may view the current process as an effort to make the Forest Service process more palatable to the public.

Fox’s website is http://foxmediation.com/.

Contact Sahuarita Sun reporter Philip Franchine at pfranchine@sahuaritasun.com or (520) 547-9738.
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Comments

Sandy McP wrote on Nov 8, 2008 12:23 PM:

" Ms. Fox has worked with over 50 groups on contract negotiations, mostly dealing with environmental issues. She is eminently qualified to help design an effective resolution to the quagmire created by the Forest Service in their botched initial efforts. The dispute over the mine needs expertise Ms. Fox can provide. As Rigo wrote, she can educate us on the process. Wea already know the thousand reasons why we are opposed to the mine. We have no expertise on how the process works. We need to learn in order for the process to work to our advantage. I can assure the you the Augusta folks are studying the process thoroughly. I applaud Ms. Fox and her efforts. "

KC Rego wrote on Nov 8, 2008 11:03 AM:

" We are stakeholders and the process has to be transparent. This is the USFS attempt to make it so after all the documented missteps during the process.

To be reasonable, we have to listen and educate ourselves about the process and the workgroup proposal.

I believe we have to be open to the process and involvement, unlike the USFS that created the lack of transparency. "

Elizabeth W wrote on Nov 8, 2008 8:17 AM:

" forgive any typos, it is early,

As a stakeholder, I asked have the Institute involved in March of 2008 when there were still only 3 "Open House" style meetings.

That is what the "A Citizens Guide to the NEPA-Having Your Voice Heard" says to do when things are not going well.

Needless to say, as a concerned citizen, this did not happen.

This Institute idea was certainly not the Forest's brainchild. The Council on Environmental Quality (on the front of the NEPA booklet) apparently thought of it first. "

Elizabeth W. wrote on Nov 8, 2008 8:02 AM:

" It would take pages to write why the public does not trust the Forest Service and rightly so.

That being said, this article does a disserve to Ms. Fox's attempt to herd cats.

This mess was not created overnight and one person cannot be expected to fix it in two months.

Let us AT LEAST LISTEN to the person brought in by the Institute for Conflict Resolution, before we get out the pitchforks. (I'll keep mine handy, just in case ;)

Thank you.

-from a stakeholder in an area that was *shafted* (pun intended) by the Forest Service worse than any other. "

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