When is “Final” final?

Maybe the old saw that “a man’s word is his bond” is obsolete in today’s politics. I grew up in a time and place where a handshake is a contract, and a deal is a deal. But it just doesn’t seem to be true for lots of interest groups today, as we see all too often in the odd world of environmental policy. Many people have become reluctant to make agreements with their opponents, because they fear the “settled” agreement won’t stay “settled” past the ink-drying stage.
Witness last week’s lawsuit against the U.S. Fish and Wildlife Service, demanding the agency re-open the already-settled decision about “critical habitat” for the Canada Lynx. The agency studied the matter for more than a decade, sought and received input from thousands of interest groups, businesses, stakeholders, state and local governments, and interested individuals across the country. Very few species have been studied more closely over a longer time than the lynx. In the end, based on the best available science, the agency designated 39,000 square miles in Maine, Minnesota, Montana, Idaho, Washington and Wyoming as protected habitat. The population of lynx we introduced in Colorado provided much of the scientific evidence that the Southern Rockies are not critical to the animals’ survival. But that did not provide some extremists with the tools they sought for regulating human activity on public lands, so this week a group called the “Center for Native Ecosystems” filed suit to force the government to reconsider adding Colorado and New Mexico to the designated habitat, with no scientific basis whatsoever. Only time will tell whether the courts will defer to sound science and cool heads, but anyone can predict the millions taxpayers will spend on legal fees before it is settled – again.  There are hundreds of examples like it every year.
At LeaderBridge we deal frequently with companies frustrated by such seemingly endless processes involving endangered species. The Endangered Species Act is the biggest tool in the toolbox for those who seek to stop business activity, and many business leaders wonder if there is ever an endgame. We show them ways to mitigate the impacts of their projects, negotiate the regulatory minefields, and even more important, ways to actually recover species so they can be removed from the endangered list, thereby removing the tool for stopping things.

We can’t force people to stick to agreements once made; we can’t force others to act with civility or keep their word. But there are plenty of ways to deal with the world as it is and ensure the right outcome.

2 responses to “When is “Final” final?

  1. Final will never be final until both sides has something to lose. “They” have never really come to the table risking anything of consequence. Until “we” either learn their game and reverse rolls or redefine the game, we lose.

    I think it’s a math question. Say you have 20 and I have none. I ask for 10 and pester you with illogical reasons I should have 10 that you finally give me three and tell me to go away. I say OK, then come back tomorrow. (By the way, it becomes such a burdon, you actually think you win by giving me only 3.)

    Now you have 17 and I want 9. If you mention the 3 I remind you they were a gift from you and you are honorable. At the end of taking too much of your time and driving you crazy again with arguments that make no sense, you give me another 2.

    We keep this up until you are out, down to 0, or I die. The reason I win is that I know a trick and you don’t have what it takes to redefine the game. I think Einstein said something about repetition that may apply here.

  2. I agree with John’s points but it goes one step further. If you view preservation from a more religious stand point, as some extremist do, it becomes a pious act to break ones word.

    An even better reason not to play the game with some groups.

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