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Consolidated Edison and Proof of the Impact of Environmental Mediation

Tuesday, December, 25, 2012


 

Environmental mediation has the ability to play a significant role in environmental disputes, especially if all parties involved are willing to work together to reach a satisfactory resolution.  According to some experts, one of the best examples of the power of environmental mediation is the December 1980 mediation hearing between private utilities, public agencies and two major environmental groups in resolving a long-standing dispute over power production via the Hudson River. 


In this case, Consolidated Edison, a utility company, was seeking to build a massive hydroelectric plant on Storm King Mountain.  After hitting a brick wall of constant opposition from local activist groups, who were against the idea on grounds of aesthetics and the potential harm the plant could bring to local wildlife and pollution indexes.  These groups hammered Consolidated Edison with legal attacks, muddying up local courts with cases that remained unresolved due to insufficient evidence provided by both sides, and legal fees were estimated to be approximately $6 million dollars. 


It turned into a 20-year fight that didn’t seem to have an end.  That’s when Russell Train, president of the World Wildlife Fund, was chosen to mediate the discussion so that both sides could reach an agreement without going through the courts.  After almost a year and a half hearing evidence and testimony from both parties, Train was finally able to help Consolidated Edison and local activists reach a satisfactory resolution. 


The resolution that was reached was that Consolidated Edison would not build the plant, while the environmental groups would no longer demand that expensive cooling towers be added to other plant sites.  Both sides were able to finally end a fight that spanned decades and ended up costing millions of dollars in legal fees, proving that environmental mediation to settle environment disputes has significant impact if both sides are willing to work together to reach a resolution.