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Bog Berries, Inc. v. the Federal Environmental Agency A case of compliance negotiation

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SCENARIO:

Bog Berries Inc. (Bog Berries), a large and successful cranberry products firm, has been accused of intentionally dumping toxins into sewers and waterways near its plant. The Federal Environmental Agency (FEA) filed felony charges under revisions of the Clean Water Act. An uneasy settlement deal was reached between Bog Berries and the FEA, but both parties have suffered considerable public relations damage and feelings are raw. Representatives from both sides must now negotiate the detailed stipulations of a new agreement that will allow Bog Berries to continue operation while meeting FEA requirements.

 

MAJOR LESSONS:

  • When the game is played by several groups at the same time, the comparison of outcomes is instructive. Typically, some groups will reach agreement and some will not.
  • Even though the parties are likely to settle, the agreements they reach are typically far from optimal. Pareto-optimal scores can be displayed in this game. The players can then explore how and why superior agreements were not found. The concept of the Pareto frontier can be examined.
  • The range of possible agreements is wide; by comparing agreements, the usefulness of generating multiple options should emerge.
  • The design of the meeting and decisions as to pre-meeting caucus, intra-party discussions, seating plans etc. should be created by the parties.

 

TEACHING MATERIALS:

For all parties:

  • General Instructions

 

Role Specific: Confidential Instructions for

  • Bog Berries CEO
  • Bog Berries Public Relations Officer
  • Bog Berries Attorney
  • FEA Head Negotiator
  • FEA Head Scientist

 

Teacher’s Package:

  • All of the above
  • No teaching note currently available

 

KEYWORDS/ THEMES:

Negotiating compliance; environmental dispute resolution; regulatory negotiation; science-intensive policy dispute; inside-outside tensions; public relations; caucusing

 

SIMILAR SIMULATIONS:

Carson Extension

DirtyStuff

Dioxin: Waste to Energy Game

Rad Waste I


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