J. Michael Harty is an independent practitioner doing business as Harty Conflict Consulting & Mediation (HCCM), located in Davis, California. He has over a decade of direct experience in the field of conflict management and resolution, and before that almost ten years as a practicing lawyer. Harty’s diverse practice currently focuses on managing and resolving complex natural resource disputes, in public and private settings. He has direct experience with water rights and water quality, ocean, mining, ecosystem restoration and endangered species issues. Water Conflict Strategies and Solutions is a specific project of HCCM that draws on Harty’s experience in water resource conflicts.

Harty has worked on a number of projects where the interests of Native American tribes were significant. He also has experience with hazardous waste cleanup and toxic exposure issues, and with public education, employment, local government, business, and other public policy disputes. He is comfortable working in a litigated case environment as well as prior to the initiation of legal action.

Harty holds a J.D. cum laude from Georgetown University Law Center in Washington, DC and a B.A. cum laude from Kenyon College in Gambier, Ohio. He also attended Waseda University in Tokyo, Japan, and Grenoble University in Grenoble, France. Harty received his training in environmental and public policy mediation from CDR Associates, in mediation from the American Arbitration Association, and in facilitation from Interaction Associates. He previously worked for CDR Associates in Boulder, CO from 1995-2004, and for the Center for Collaborative Policy/Sacramento State, from 2004-2006.

Harty practiced law for approximately nine years in a variety of settings, including O’Melveny & Myers (NYC), The Hannon Law Firm (Denver), and the Natural Resources Defense Council (NYC). He represented a wide range of clients in diverse litigation matters that included hazardous waste, water quality, environmental insurance coverage at NPL sites (representing CIGNA), endangered species, securities, and complex financial and contract issues (clients included Bankers Trust and Citibank). He is familiar with a wide range of federal environmental statues (and some state statutes) including the Clean Water Act, Clean Air Act, NEPA, and Endangered Species Act as a result of his legal and mediation experience.

Harty has extensive experience assessing, convening, designing and facilitating/mediating large and complex public and organizational disputes. These include large-scale collaborative planning efforts, public policy dialogues, matters in litigation, regulatory negotiations, and site-specific disputes. He also consults on strategic issues related to conflict management and decision making, and has served as an outside evaluator of a complex and controversial public policy development process.

The following are examples of Harty’s experience with environmental and public policy conflicts. Please contact him directly to discuss any of these projects, or to learn more about other projects not listed here.

State of Oklahoma, Quapaw Tribe, and U.S. EPA Water Quality Standards (2006-present). Harty has been hired to provide recommendations on prospects for a negotiated agreement involving the State of Oklahoma, Quapaw Tribe, and U.S. EPA on water quality standards. Issues include how these negotiations might affect broader policy issues involving other tribes in Oklahoma and potentially in other states.

Lake Coeur d’Alene Lake Management Plan Stakeholder Negotiations Assessment (2005-present). Harty conducted an assessment of the potential for structured negotiations to develop agreement on a Lake Management Plan (LMP) for Coeur d’Alene Lake during the first part of 2006. Key stakeholders are the Coeur d’Alene Tribe, State of Idaho, US EPA, local governments, State of Washington, and local businesses. He presented his initial recommendations in June 2006, and completed a written assessment report in January 2007. The report is available on the U.S. Institute for Environmental Conflict Resolution web site: http://www.ecr.gov/pdf/lakeCA.pdf. Harty began working on Phase II of the project to mediate agreement on a revised LMP in April 2007.

Situation Assessment and ADR Services for Quapaw Tribal Trust Claims (2002-2004). The United States and Quapaw Tribe hired Harty to prepare an assessment of prospects for using mediation or another form of ADR to assist in resolution of the Tribe’s potential trust claims against the United States. This project occurred in the highly polarized and politically sensitive context of the Cobell trust litigation in U.S. District Court. After presenting his recommendations, Harty advised the parties during joint discussions about approaches to reaching a settlement, although he did not formally serve as mediator. The parties announced a settlement in 2004. This matter was subject to a confidentiality order.

Klamath River Basin Assessment and Mediation, U.S. District Court, Oregon (2001). During the winter and spring of 2001 the Klamath Basin experienced a severe drought and its water resources are over-appropriated. Based on biological opinions of the U.S. Fish and Wildlife Service and National Marine Fisheries Service under the Endangered Species Act, the U.S. Bureau of Reclamation decided in the spring of 2001 that only limited amounts of irrigation water from Upper Klamath Lake could be delivered to Klamath Project irrigators in Oregon and California during that water year. BOR’s decision responded to the need to provide water to protect listed fish species in Upper Klamath Lake (sucker) and downstream (coho salmon) and the need to meet tribal trust obligations. A group of Project irrigators subsequently filed a request for injunctive relief. In denying their request, the federal judge encouraged the parties to enter a negotiation process to address Klamath Basin issues in a comprehensive manner. The mediation process was then convened under the supervision of the federal court. Harty and two CDR colleagues conducted a situation assessment for the federal district court and a widely representative group of mediation parties and prepared a detailed report of its findings and recommendations. The team also assisted the court in conducting preliminary mediation sessions. The mediation effort was suspended when Project irrigators dismissed their lawsuit, which had served as the procedural vehicle for mediation.

Situation Assessment for BLM Lower Snake River District (2002). The Lower Snake River District of the U.S. Bureau of Land Management (LSRD) is preparing two Resource Management Plans (RMPs) for the Birds of Prey National Conservation Area and Bruneau Planning Unit, located approximately 25 miles southwest of Boise, ID. Key issues for the RMPs include grazing, OHV use, habitat for endangered species, and access for hunting and other uses. A previous RMP for the Owyhee Unit (adjacent to Bruneau) took 10 years and was characterized by a high level of conflict. As part of the RMP process, a CDR team led by Harty was asked by LSRD (through the U.S. Institute for Environmental Conflict Resolution) to assess prospects for using a collaborative approach to planning and prepare a report and recommendations. The team conducted over 50 interviews as part of the assessment process to obtain a wide range of views on public participation as well as key RMP issues. The final assessment report and recommendations were delivered to BLM in June 2002, and are available on the U.S. Institute for Environmental Conflict Resolution’s web site.

U.S. v. Abousleman Water Rights Settlement Negotiations (2007). The United States and New Mexico hired Harty to evaluate prospects for mediated settlement negotiations involving adjudication of pueblo water rights in the Jemez River Basin. The three pueblos are Jemez, Zia, and Santa Ana. Harty presented his report and recommendations to the parties, including a coalition of non-pueblo water users, in April 2007. As a result of the assessment, the parties have decided on a time-limited approach to negotiations, with an initial goal of reaching agreement on a set of settlement principles, and a structure that includes milestones and evaluation points. The parties have asked Harty to serve as mediator for this effort.

U.S. v. Abeyta Water Rights Settlement Negotiations (2003-2006). Harty was hired by the U.S. Bureau of Reclamation to prepare an assessment of prospects for mediating a resolution of the Taos Pueblo Indian water rights adjudication in New Mexico (U.S. v. Abeyta). Following the assessment and presentation of his recommendations in August 2003 Harty was retained to serve as mediator. In May 2006 the non-U.S. parties signed an historic local agreement to complete the initial phase of settlement negotiations. The parties had been negotiating intermittently for 15 years in an effort to settle the litigation prior to Harty’s involvement. All parties, including the United States, are engaged in the second phase of settlement negotiations that will directly address federal issues including potential federal settlement legislation.

Kansas v. Nebraska and Colorado, No. 126 Original Settlement Negotiations (2001-2). The states of Kansas, Nebraska, and Colorado are signatories to the Republican River Compact, an interstate water compact apportioning the waters of the Republican River. In 1998 Kansas sued Nebraska in the U.S. Supreme Court over alleged violations of the Compact; the Supreme Court subsequently appointed a Special Master to oversee the case. Harty and a CDR Associates colleague were hired in 1996 to assist the states in initial settlement discussions, and were invited by the parties to continue working with them in 2001 following several years of Supreme Court litigation. On December 16, 2002, the parties announced they had reached a settlement that ultimately was approved by the Special Master and the Supreme Court. A key issue in the negotiations was the relationship of surface and groundwater in the basin. Development of a joint groundwater model is a key element of the settlement.

Strawberry Valley Project (Utah) Assessment and Mediation. Harty and a colleague were hired initially to conduct an assessment of the potential for parties to reach a mediated settlement of issues associated with the complex relationship between the Strawberry Valley Project and Central Utah Project that were the subject of litigation in U.S. District Court. The parties include the Strawberry Water Users Association, U.S. Bureau of Reclamation, U.S. Department of Interior, and Central Utah Water Conservancy District. The parties subsequently asked the assessment team to mediate settlement efforts, and ultimately reached an agreement to dismiss certain claims in the litigation.

Arkansas River Natural Resource Damage Negotiations (2000-02). Harty was retained as mediator to assist efforts to reach a negotiated settlement of potential liability for natural resource damages associated with the Arkansas River and Leadville/California Gulch Superfund Site in Colorado. Water quality is a significant issue for potential resolution of these claims. Parties include state and federal natural resource trustees, U.S. EPA, Department of Justice, Colorado Attorney General, and two mining companies. The parties were engaged in a unique effort to direct funds toward restoration rather than conflicting expert opinions. Harty’s role ended when he moved from Colorado to California in 2002, prior to completion of a technical report intended to serve as the basis for settlement negotiations.

Minnesota Department of Natural Resources and Red River Watershed Management Board, Red River of the North (1997-98). Harty and a colleague assisted the Minnesota Department of Natural Resources, the Red River Watershed Management Board, U.S. Army Corps of Engineers, environmental groups, and other stakeholders in reaching a consensus agreement around broad-based, sustainable solutions to problems caused by flooding in the Red River basin. Potentially affected resources include different habitats; stream flow; wildlife; agricultural production and activity; cities, towns, and homesteads; water quality; fisheries; threatened and endangered species; and recreation. The mediation team conducted a situation assessment, designed a negotiation process that included a technical advisory committee, facilitated negotiations over a seven-month period, and assisted with drafting and revision of the final agreement.

U.S. EPA Region VIII CERCLA Mediation (1997). Harty served as lead mediator/facilitator for a team assisting EPA and private and public PRPs to successfully resolve cleanup liability issues at a Superfund site containing low-level radioactive waste near Denver. At a six-hour mediation session hosted by EPA Region VIII and attended by over 30 generator representatives, all parties reached agreement on a proposed settlement approach for generators that the EPA site team would support to senior EPA management. The consent decree implementing the settlement was entered in 2000.

Black Hills National Forest (2000). Mr. Harty was part of a CDR team that assisted multiple parties, including federal government, private, and NGO, in negotiations to settle litigation over the forest management plan.

Alpine County (CA) Winter Recreation Dialog (2006-7). The Carson Ranger District of the Humboldt-Toiyabe National Forest faced increasing conflict over winter recreation uses, particularly between motorized (snowmobile) and non-motorized users in the Hope Valley area. Harty teamed with the District and key stakeholders, including Alpine County, to create a Winter Recreation Dialog as a way of seeking agreements on a winter recreation plan that would reduce or eliminate these conflicts. The Dialog ultimately generated a joint recommendation to the USFS on key elements of a winter recreation plan, along with improved communication and relationships among representatives of key user groups and local residents. The USFS currently is developing a winter recreation plan consistent with legal and regulatory requirements that reflects the Dialog’s work.

Mokelumne River Forum (2005-present). Harty is facilitating efforts by a range of governmental entities and other stakeholders to reach agreement on one or more projects for conjunctive use of the Mokelumne River Basin’s water resources. East Bay Municipal Utilities District, San Joaquin County, the cities of Lodi and Stockton, and Alpine and Calaveras Counties are some of the key participants in this effort to overcome decades of conflict and mistrust over the right to use a critical water resource. This work is being done under a contract with the CA Department of Water Resources.

Golden Gate National Recreation Area Assessment and Negotiated Rulemaking (2004-present). Harty was part of a joint team hired by the Golden Gate National Recreation Area (GGNRA) in San Francisco to assess the potential for conducting a negotiated rulemaking to address complex issues associated with dog management, particularly off-leash dog walking. GGNRA has jurisdiction over most beach access in the San Francisco area, including Marin County, and highly polarizing conflicts have erupted over dog management and other uses of the park. Based on the team’s recommendations, GGNRA convened a Negotiated Rulemaking Committee pursuant to the Federal Negotiated Rulemaking Act and Federal Advisory Committee Act in March 2006. Harty and a colleague are serving as co-facilitators for the negotiated rulemaking effort.

CALFED South Delta Improvement Program Stakeholder Process (2002). The Programmatic Record of Decision (ROD) for the CALFED Bay Delta Program was issued in August 2000. The ROD reflects final selection of a long-term plan to fix the Bay Delta and describes an implementation strategy. One part of the ROD describes specific actions that are part of the South Delta Improvement Program and are related to providing for more reliable long-term export capacity for the State Water Project and Central Valley Project. One specific action is an increase in SWP pumping to 8,500 cfs. This action currently is the subject of environmental review, in the form of a project-specific EIR/EIS. As part of that review, the California Department of Water Resources invited a representative group of stakeholders to provide input, without seeking consensus, on an alternative that would meet as many key interests as possible. Harty was hired to facilitate this stakeholder group, which included other CALFED agencies, water exporters, environmental interests, and South Delta water interests. A significant modeling and “gaming” technical exercise provide information to stakeholders engaged in the input process. The outcome of these efforts was a detailed report from Harty to DWR identifying points of agreement and difference for a proposed alternative.

U.S. EPA Region VIII Shattuck NPL Site Dialogue Process (1998-1999). Harty was hired by the EPA as part of a team to design and carry out a dialogue among key stakeholders concerning the remedy at a controversial, high-profile CERCLA site in Denver involving low-level radioactive waste. Harty’s team initially conducted an assessment of the conflict and provided recommendations about different process options to EPA and other stakeholders. In the next phase Harty co-facilitated a dialogue among key stakeholders designed to provide input to Tim Fields, EPA’s Assistant Administrator for OSWER, as part of his decision making process about the future of the remedy. In addition to EPA, stakeholders included Denver, two community groups, the PRP, CDPHE, and Governor Owens’ office. Following completion of the Dialogue process in October 1999, EPA announced an unprecedented proposal to change the Record of Decision and remove the waste rather than leave it in place. Assistant Administrator Fields expressed his official thanks to Harty for his work on the Dialogue.

Platte River Endangered Species Partnership, Land Ownership Entity Workshop (1999-2000). The Platte River Endangered Species Partnership is a collaborative effort among three states, the federal government, private landowners and environmental groups to implement the Platte River Cooperative Agreement among Nebraska, Colorado, Wyoming, and the United States. The broad goals of the Agreement are development and implementation of a Recovery Implementation Program that meets requirements of the federal Endangered Species Act for four species, and allowing new and existing water uses in the Platte Basin to proceed without actions in addition to the Program. Harty and a colleague designed and facilitated a 2½-day workshop with the goal of reaching consensus around a form of entity to own land as part of the Program. Key issues included requirements of the ESA, ensuring an effective local voice, relationship of a land ownership entity with other organizations, and accounting for the value of contributions to the Program. The workshop was held on January 31-February 2, 2000, and the parties reached agreement on a preliminary structure and approach.

Grand Canyon Visibility Transport Commission's Public Advisory Committee (1995-1996). Harty served on a team of facilitators for this unique project which involved working with over 80 stakeholders on the Public Advisory Committee to develop consensus recommendations for the U.S. EPA on ways to address visibility issues at national parks and other public assets in 12 Western states. Stakeholders included multiple Native American tribes, federal agencies (including EPA, Forest Service and National Park Service), public utilities and other members of the regulated community, Western states, and environmental groups. Public participation also was an important aspect of the GCVTC process. The general approach was to develop extensive technical information in a series of smaller committees in order to support policy making by the Advisory Committee. Proposed recommendations were developed in a drafting committee and then considered in the larger Advisory Committee. Extensive consensus building occurred at all levels of the process, both in meetings and away from the table. The outcome was an unprecedented consensus on recommendations to EPA about Western air quality. The project was successful in terms of concrete agreements, improved understanding, and valuable relationships. Harty was heavily involved in preparing the PAC’s 80-page report containing emissions management recommendations, technical analysis, and Native American Perspectives.

North Coast Instream Flows (2006-present). Harty is part of a team working with the CA State Water Resources Control Board to develop an Environmental Impact Report, including effective public engagement, on a proposed instream flow policy for California’s North Coast.

Upper North Fork Feather River EIR (2005-present). The CA State Water Resources Control Board has initiated preparation of an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA) as part of its process for issuing a § 401 certification under the Clean Water Act for hydropower projects on the Upper North Fork, Feather River. The EIR project area includes Lake Almanor, a popular resort and recreation location, and there is strong local opposition to certain proposed alternatives. Harty is advising the Board on a broad range of public involvement issues as a sub-contractor to the EIR consultant, and facilitated a successful initial public meeting attended by over 200 Chester-area residents to open scoping in September 2005.

Southern California Transportation Infrastructure Improvement Project (SOCTIIP) Collaborative Process (2000-2004). Harty and a colleague were hired to facilitate the second, multi-year phase of a complex EIS/EIR process for the proposed Foothills South Tollroad project in Orange County, CA. As one of the facilitators, Harty worked with members of the SOCTIIP Collaborative (U.S. FWS, FHWA, U.S. EPA, CalTrans, and U.S. ACE), the Transportation Corridors Agency (TCA), and other stakeholders to conduct a high-quality process for scoping and studying alternatives, preparing a draft EIS/EIR, and potentially identifying a preferred alternative consistent with NEPA and CEQA.

Lessons Learned from California’s Marine Life Protection Act (MLPA) Initiative (2006). California enacted the Marine Life Protection Act in 1999, but was unable to implement the statute on its first two efforts. The State entered into a unique public-private partnership, known as the MLPA Initiative, in 2004 that had the goal of finally establishing networks of marine protected areas pursuant to the MLPA. The Initiative reached this goal when the Fish and Game Commission adopted a proposed MPA network for the Central Coast of California in August 2006. Harty was hired to provide an outside evaluation of the Initiative process, including “lessons learned” and recommendations for future study areas. He and a co-evaluator presented a detailed written report to the Initiative’s Blue Ribbon Task Force in September 2006. The report is available on the MLPA Initiative web site: http://www.dfg.ca.gov/mrd/mlpa/meeting_090606.html.

Using Socioeconomic Information in the Design of Marine Protected Areas (2006). As a follow on to his Lessons Learned evaluation of California’s Marine Life Protection Act Initiative (above), Harty was hired to prepare a report for the state Fish and Game Commission on options for addressing issues related to the role of socioeconomic information in designing Marine Protected Areas. Harty presented his report covering critiques, decisions, and options to the Commission in December 2006. The report is available at the MLPA Initiative web site: http://www.dfg.ca.gov/mrd/mlpa/pdfs/hartyreport120706.pdf.

Mediation Training for Hoopa Valley and Yurok Tribal Representatives (2003). Harty designed and delivered training for representatives of the two tribes as part of their preparations for mediation.

Training: Harty has trained over a thousand people in negotiation, collaborative problem solving, and mediation skills since 1995. Most of this work occurred in the context of CDR Associates’ highly regarded public training programs; the balance was comprised of customized training programs for public and private clients, including law firms, judges, and state and federal agencies. Details are available on request.

Strategic Planning and Decision Making: Harty has assisted a number of governmental entities with strategic planning, most recently the San Juan Unified School District in Sacramento.

Workplace and Organizational Conflict: Harty has extensive experience providing a range of services and skills to address conflict in organizations and the workplace. Details can be provided on request, and include mediation of EEO complaints and inter-faculty conflicts at two universities.

Mediation of Business Disputes: Harty also has successfully mediated contract and other business disputes, most in litigation. Details will be provided upon request.

“Lessons Learned from the California Marine Life Protection Act Initiative: An Outside Perspective,” panelist at California and the World Ocean Conference in Long Beach, CA, September 18-20, 2006.

“Surveying Our Values and Assessing Our Neutrality,” organizer and moderator for panel presentation at U.S. Institute for Environmental Conflict Resolution 2005 national conference in Tucson, AZ, May 2005.

“Challenges of Creating Collaborative Institutions,” organizer and moderator for panel presentation at ECR 2005 national conference in Tucson, AZ, May 2005.

“Alternative Dispute Resolution in Environmental Litigation,” panel presentation for the California Environmental Trial Academy, sponsored by the California Bar Association, May 2005.

“Keep the Water Flowing: Strategies for Mediation of Water Disputes,” panel presentation on Indian water rights settlements and other water conflicts for ABA Section on Alternative Dispute Resolution, April 2005.

“Use of ADR In Complex Environmental Cases,” panel presentation at California Bar Association Yosemite Conference on Environmental Law, 2004

“I’m Right, You’re Wrong, Let’s Settle: A Perspective on Values and Collaboration in Water Conflicts,” panel presentation at American Bar Association, Section of Environment, Energy, and Natural Resources, 2004 Water Law Conference. Same paper presented at University of Nebraska College of Law, UNL Institute of Agriculture and Natural Resources & UNL Water Center, First Annual Water Law, Policy and Science Conference: Finding Solutions to Multi-jurisdictional Water Conflicts, March 2004.

“Polarization and Conflict Over Water in the Klamath River Basin,” panel presentation at the U.S. Institute for Environmental Conflict Resolution Conference, May 2002.

“Analyzing Conflicts for Diagnostic Consultation and Assessment,” panel presentation at the U.S. Institute for Environmental Conflict Resolution Conference, May 2002.

“Examining the Impacts of Collaborative Efforts to Address Endangered Salmon in the Pacific Northwest,” panel presentation at the U.S. Institute for Environmental Conflict Resolution Conference, May 2002.

“Implementing Collaborative Solutions for Flood Damage Reduction and Natural Resource Protection in the Red River of the North Basin,” ADR and Natural Resources: Building Consensus in the Twenty-first Century, U.S. Institute for Environmental Conflict Resolution Conference, Tucson, AZ, May 2000.

“Partnering, Power, and Change: The Implications of Historic Western Water Relationships for Developing New Partnerships.” Colorado Water Workshop Plenary Session, Gunnison, CO. July 1997.

Colorado (no longer active), New York (no longer active)