How to Make Environmental Education Interesting

The middle grade years are a fascinating time of life, full of change. Adolescents are developing new interests, some of which will have a long-lasting impact on their lives. As with adults, most do not take an interest in something that they consider boring or of little relevance to them. Teachers are challenged to make seemingly mundane topics—like the environment—interesting and captivating for young minds. This is in many ways easier said than done. 

Here are three suggestions for making a lesson on the environment both educational and entertaining for middle grades students.   

 1. Use visual media.This includes news and videos available on the Internet or through other venues. The media offers a wealth of information about the environment for teachers and students. Some government websites have sections dedicated to teaching children about various environmental topics, including those related to health, energy, air, water, recycling, ecosystems, and climate change. 

For example, the Environmental Protection Agency (EPA) has a Students for the Environment webpage where young people can learn about the environment by playing games find a wealth of ideas for science fair project ideas. This site also has teacher resources and lesson plans for teaching about the environment. The National Oceanic and Atmospheric Administration (NOAA) has a Fun for Kids webpage with weblinks containing teacher lesson plans and educational resources pertaining to the Earth’s oceans and climate. The U.S. Department of Interior (DOI) has a Teach and Learn webpage with helpful teacher and student resources for teaching how the Department manages the land, water and wildlife in the United States. The U.S. Energy Information Administration (EIA) Energy Kids webpage has fun games and facts for learning concepts about energy sources, consumption, and conservation. The EIA also has helpful teacher lesson plans. And finally, the National Aeronautics and Space Administration (NASA)’s Climate Resources and Climate Kids webpages have informative data concerning, the greenhouse effect, global warming, and climate change. The Climate Kids webpage is especially resourceful with hands-on activities for children learning about climate change and how it affects various species.

 2. Use hands-on demonstrations. For example, when teaching about consumer product safety, refer to the previously mentioned EPA site for ideas. In the Chemical Safety Resource for Middle School Teachers lesson, students do an inventory of the household chemicals and cleaners found around their homes with parental supervision. The students explain why chemical safety is important and propose ideas for preventing chemical pollution at home. The EPA’s Wastes – Educational Materials webpage has three units on waste, including facts and activities, such as composting and recycling activities. Other examples of hands-on demonstrations include the Washington Department of Ecology A-Way with Waste Resources webpage, which offers various lesson plans with demonstrations. 

3. Supplement textbooks with print books or ebooks. Most of the environmental concepts taught in classrooms are included in today’s science-based textbooks.However, few textbooks seem to introduce environmental topics in a fun and interesting way. Spark some interest by looking for supplemental reading material that is educational, thought-provoking and entertaining. Consider using a work of fiction tailored for upper elementary and middle school students to introduce environmental concepts.

These three tools can help make learning about the environment educational, engaging and fun. Accordingly, environmental education may be easily incorporated in a variety of subject curricula.

--- Contributed by Ashley Ivanov. Ms Ivanov is the author of From Pristine to Earth – an environmental fiction novel for upper elementary and middle grades students. The novel is available for purchase at Amazon.com or online at Barnes & Noble. The author may be reached at frompristinetoearth@gmail.com for questions or a lesson plan for her novel. 

Note:  This article was originally published in the October 2012 issue of INSIDER by AMLE and has since been edited. 

The EPA Significant New Use Rule (“SNUR”): More Bureaucracy or Real Change?

The U.S. EPA recently promulgated a Significant New Use Rule (“SNUR”) under the Toxic Substances Control Act (TSCA). The SNUR would require companies to notify EPA prior to newly manufacturing, importing, or processing certain perfluorinated chemicals commonly used in carpet treatment and manufacture.  See Christopher L. Bell, Environmental Protection Agency(“EPA”) Promulgates Significant New Use Rule for Perfluorinated Chemicals – And Limits Its Applicability to “Articles,” Greenberg Traurig, LLP, The National Law Review, October 29, 2013. 

The newly promulgated SNUR is different from prior TSCA rules issued by EPA because it focuses on certain articles containing the chemicals, whereas in the pasts EPA was only concerned with the chemicals themselves. Id.  The proposed SNUR was broader in its effect on all articles that contain the perfluorinated chemicals.  The final rule was narrower in scope, affecting only identified articles, namely carpets and carpet pieces. Id.  Perhaps comments submitted by affected industries and others during the comment period on the proposed rule provided information or reasons for EPA to narrow the scope of the rule. 

Hopefully, this rule does not simply have the effect of creating more paper-work for industry.  It will remain to see what practical affect this SNUR or other newly promulgated SNURs will have on the ultimate goal of chemical safety in the United States. 

-- Contributed by Ashley Ivanov

CAN CONGRESSIONAL GRIDLOCK BE RESOLVED THROUGH MEDIATION?

The American Bar Association Section of Dispute Resolution announced the winner of the 2013 Boskey Dispute Resolution Essay competition. Sarah Gonski, a Harvard Law student, won the competition with her essay entitled “Easing Gridlock in the United States Congress Through Mediation: Letting Our Cities and States Teach Us Lessons On Getting Along.” 

The essay suggests that Congressional gridlock can be reduced by following the lead of several states and local governments by using mediators to mediate policy and legislative discussions, similar to the Negotiated Rulemaking Act (often called reg neg). Reg Neg was enacted to to encourage agencies to use negotiated rulemaking when it enhances the informal rulemaking process. (5 U.S.C § 561). 

The idea behind reg neg was set out in 1982 by Phillip Harter, an administrative law expert who developed the reg neg idea in a law review article, proposing negotiation as a means of alleviating the "malaise" that hindered the existing federal rulemaking process. See Harter, Philip J., Negotiating Regulations: A Cure for Malaise, Georgetown Law Journal, vol. 71, 1982 

Ms. Gonski’s essay sets forth some examples of successful uses of mediated legislative and policy negotiations by states and cities and the short and sad history of the few attempts to get Congress to establish a mediation office in Congress. She suggests that because of the institutional barriers in establishing a new agency, the Federal Mediation and Conciliation Service (FMCS), an existing federal agency that already provides mediation services in labor and employment disputes, could serve as home for legislative mediation.

I was directly involved in developing the legislation that authorizes FMCS to mediate reg neg and other federal sector policy issues by adding language to insure that the FMCS was specifically authorized to assist agencies by furnishing conveners, facilitators, and training in negotiated rulemaking. (See the Negotiated Rulemaking Act of 1990, reauthorized in 1996 and incorporated into the Administrative Procedure Act at 5 U.S.C. §§ 568 (b)). 

The need for mediation on the Hill is obvious. Gridlock is not good for anyone. 

While many issues will remain gridlocked because elections are the only way to resolve major public questions such as our budget priorities, not all legislation pending on the Hill is subject to those political pressures. If the appropriate stakeholders are involved in the negotiations over regulatory and other substantive issues, if the significant stakeholders on all sides of an issue can agree, then Members of Congress will not block the legislation. 

This would allow for Congress to actually conduct much of the business of the public, while, if they wish, continue to play their electoral/political games on the large (mostly budget-related) issues. 

Mediation on the Hill will not solve all issues and certainly will not eliminate the split between red and blue partisans. However, placing legislative/policy mediators in the FMCS and authorizing them to mediate legislative issues for Congress could result in better, less partisan legislation. 

This is a worthwhile goal.

Federal Agencies Told to Use ADR Techniques to Resolve Environmental Issues

Federal agencies have yet again been directed to use Alternative Dispute Resolution (ADR) techniques to resolve disputes.  This time the Acting Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality have directed relevant departments and agencies to

“increase the appropriate and effective use of third-party assisted environmental collaboration as well as environmental conflict resolution to resolve problems and conflicts that arise in the context of environmental, public lands, or natural resources issues, including matters related to energy, transportation, and water and land management. See Memorandum on Environmental Conflict Resolution.

Of course this is not the first time the White House has encouraged the use of ADR techniques in the federal government. For example, in 1998 President Clinton ordered agencies and departments to take steps to promote greater use of ADR techniques to resolve disputes and to negotiate regulations See Memorandum for Heads of Executive Department and Agencies

The memo sets out the use of ADR techniques to address environmental matters and directs federal agencies to use neutral facilitation to settle conflicts in issues related to energy, transportation and water and land management issues.

The memo applies to all executive branch agencies with regard to each agency’s enabling legislation, the National Environmental Policy Act (NEPA) and other laws aimed at managing and conserving the environment, natural resources and public lands. The complete memo is here.

Information about other relevant federal environmental ADR resources can be found at the Department of Justice web site the Department of Interior Office of Collaborative Action and Dispute Resolution web site and the EPA Conflict Prevention and Resolution Center site.

The National Hockey League Negotiations: Will Mediation Make a Difference?

As the NHL lockout reaches its 10^th week, it is hard from the outside to see any progress. Both the All-Star game and the Winter Classic have been cancelled and the two sides seem just as far apart as they were three months ago.

But one recent development which should delight hockey fans and ADR professionals alike is that the owners and players have finally agreed to mediation. Both sides have agreed that ongoing negotiations will be conducted under the auspices of mediators from the Federal Mediation and Conciliation Service. 

Although this may not seem like a huge development it is a step in the right direction. The owners and players union have been negotiating for months to no avail. There is hope that with the assistance of the mediator they may begin to make some progress.

Some collective bargaining disputes are very contentious; both parties play “hardball” to get the best deal for their side. They often, as here, resort to lockouts or strikes. Both tactics are designed to put economic pressure on the other party. The problem is that such tactics force the parties into ‘win-lose’ scenarios in part because the high cost of applying economic pressure compels parties to justify the costs of the pressure to their own stakeholders by ‘winning.’

This results in both sides finding it difficult to properly assess the short- and longer-term costs associated with their hardball tactics. To justify the costs and defend their actions to their own stakeholders, the owners and players engage in positional bargaining rather than thinking creatively and seeking solutions. This may be one explanation of why mediation has a lower success rate in collective bargaining disputes than in other arenas; the recent NBA and NFL lockouts are prime examples.

But even if mediation is not successful in the NHL dispute, agreeing to mediation shows that both sides are interested in being seen by their stakeholders and the public as reasonable and willing to negotiate. It shows that the parties are aware of the costs and risks of alienating their own stakeholders. The desire to be seen as reasonable may allow space for the parties, with the assistance of a skilled mediator, to engage in a serious conversation about the issues separating them.

Both sides would be wise to keep the costs of a failure to achieve a settlement in the forefront as they enter into mediation. As the mediators most assuredly will point out many times and in different ways, the costs of not settling will be high, probably higher than the costs of a settlement and will unquestionably end in a “lose-lose” situation. 

Absent settlement, the consequences are likely to be union decertification; litigation; the loss of yet another hockey season; disaffected arena owners and local businesses, subjection to the mercy of judges and, possibly, the permanent loss of hockey’s fan base, without whom, there is no sport.

This is a situation we’ll be following closely. Hopefully both sides will see the merit of mediation and can follow the precedents set by baseball  and other collective bargaining negotiations that have benefited from mediation.

Prepared with Assistance from Michael Ciccarone

Federal Agencies Directed to Use Conflict Resolution to Resolve Environmental Issues

Federal agencies have been directed yet again to use Alternative Dispute Resolution (ADR) techniques to resolve disputes.  This time the Acting Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality have directed relevant departments and agencies to

“increase the appropriate and effective use of third-party assisted environmental collaboration as well as environmental conflict resolution to resolve problems and conflicts that arise in the context of environmental, public lands, or natural resources issues, including matters related to energy, transportation, and water and land management. See Memorandum on Environmental Conflict Resolution 

This is not the first time the White House has encouraged federal agencies to use ADR techniques. For example, in 1998 President Clinton ordered agencies and departments to take steps to promote greater use of ADR techniques to resolve disputes and to negotiate regulations. See Memorandum for Heads of Executive Departments and Agencies

The latest memorandum requires that agencies use ADR techniques when appropriate to develop regulations and policy, resolve land management disputes and resolve enforcement issues related to water and land management, energy and transportation issues.

The memo applies to the executive branch agencies’ enabling legislation, the National Environmental Policy Act (NEPA) and other laws aimed at managing and conserving the environment, natural resources and public lands.  The complete memo is here.

Information about some of the relevant federal environmental ADR resources can be found at the Department of Justice website the EPA Conflict Prevention and Resolution Center website and the Department of Interior Office of Collaborative Action and Dispute Resolution website.