Use of the ‘Legal-Institutional Analysis Model’ for resolving environmental disputes involving hydropower

In the United States, the Federal Energy Regulatory Commission (FERC) is responsible for issuing new or renewal licenses for hydropower projects owned and operated by power companies. During the licensing process, these companies are required to consult with agencies and other parties that are affected by project operating regimes. Typical participants in hydropower licensing processes include license applicants, state and federal fish and wildlife agencies, environmental interest groups, and the FERC. These groups and individuals often disagree about what kinds of environmental conditions should be placed on the licenses. Researchers at the United States Geological Survey developed a model to analyze the political context of natural resource disputes. The Legal-Institutional Analysis Model (LIAM) is a computerized model that allows an analyst to determine the likely behavior of each participant in a conflict. The model also analyzes the types and levels of negotiating power held by each organization. Researchers at the USGS have used the model in several cases involving hydropower license applications. To use the model, they facilitate workshops for stakeholder groups in order to develop a shared understanding of the likely obstacles and opportunities for successful resolution of the issues over preparing an application for a FERC license to operate a hydropower project. This allows a systematic analysis of the setting of the dispute. Workshop participants are able to use the results of the workshop analyses to develop strategies for successful negotiations, because they are able to better understand the negotiation problem and work more effectively with both their allies and their competitors.