2003 bell 08 posey

Phosphate and Sustainable Business:Applications of Multiple Stakeholder Theory: 

Phosphate and Sustainable Business: Applications of Multiple Stakeholder Theory Stanley W. Posey Manager, Environmental Affairs Lessons Learned at PCS Phosphate - White Springs

PCS Phosphate Mine Continuation Permitting Process: 

PCS Phosphate Mine Continuation Permitting Process Regulatory Context Process Description Keys to Success Lessons Learned

Mine Continuation Permitting: 

Mine Continuation Permitting

Mine Continuation Permitting: 

Mine Continuation Permitting

Regulatory Context: 

Regulatory Context Federal, State, and Local jurisdictions Focus on wetlands permitting Regulatory interests vary by jurisdiction Variety of commenting agencies and non-governmental organizations, including local residents Continuation of operations within previously established project boundary

Regulatory Context: 

Regulatory Context Existing permits had extensive overlap, some conflict, varying reclamation and mitigation standards for specific areas Previous permitting work began with Federal jurisdiction call in 1981; concluded in early 1997, with final approval of coincident state, county, and federal permits

Standard Permitting Process: 

Standard Permitting Process Conflict/ Overlap/ Variation?

Mine Continuation Permitting Process: 

Mine Continuation Permitting Process Structure set by Ecosystem Management Agreement statute (§403.0752, Florida Statutes, 1997) Public notice of process initiation DEP leadership Voluntary participation by federal agencies, local government, and NGO/public Open process: most meetings open to all, with workgroups and regulatory sub-group

Process Participants: 

Process Participants Regulatory U.S. Army Corps of Engineers, Florida Department of Environmental Protection, Hamilton County Commenting U.S. EPA, U.S. Fish andamp; Wildlife Service, FFWCC, DCA, NCFRPC, SRWMD NGO/Public

Process Steps: 

Process Steps Plan of Study: 9 months Pre-Application: 4 years, 1 month Field Work / Technical Background Document / Alternatives Analysis Issues Resolution Application Review: 1 year, 1 month New Issues! Final Processing: 6 months

Results: 

Results Coordinated Federal, state, and local permits - consistent coverage and standards Process concluded in under 6 years vs. 15+ years Constant dollar expenditures about the same No administrative challenges Positive working relationships created and maintained, including relationships among the regulatory authorities

Keys to Success: 

Keys to Success Strong leadership DEP District Manager; no regulatory involvement Commitment of the parties, especially the regulatory agencies Must have both authority to commit the agency and the support of management for the work Must participate in good faith, not just attend meetings Must stand by commitments

Keys to Success: 

Keys to Success Identify and engage the real stakeholders Recognize the value of the process itself, in addition to the end product Incorporate principles of sustainability Acknowledge mining as a temporary land use 'Operate Responsibly Today' 'Maximize the Life of the Operations' 'Plan for the Future'

Long-Term Land Use Vision: 

Long-Term Land Use Vision

Risks/Challenges: 

Risks/Challenges Abuse of the process Linear thinking in a non-linear process Changes in regulatory context/structure Changes in personnel 'Sniping' from non-participants or marginal participants, both during and after the process Pixelation of the big picture

Lessons Learned: 

Lessons Learned You can’t make people pay attention Complexity can be an obstacle to trust Surprises are very rarely good things Work with what people want: Don’t assume you know what people want It is easy to get along with people if you give them what they want It is easy to negotiate with people who know what they want; it is nearly impossible with those who do not

Lessons Learned: 

Lessons Learned If you go about a decision-making process the right way and make the right decision, great, but even if you make the wrong decision, you can recover from it. Conversely, if you go about the process the wrong way, you will suffer for it, even if you make the right decision.

Lessons Learned: 

Lessons Learned If stakeholders have engaged productively in all stages of a decision-making process, they will support the result even if they don’t like it. Conversely, people should not be expected to support a decision they were not involved in, even if they do like it.

Lessons Learned: 

Lessons Learned Most people, most of the time, are trying to do the right thing Being right is a good thing, but it is often less important than maintaining relationships Everything - everything - is about relationships - and trust is essential

Conclusion: 

Conclusion Multi-stakeholder processes are unwieldy, time-consuming, resource-intensive, frustrating, and expensive and are probably still the best way to do a high-profile, large-scale, or multi-jurisdictional permit