UNIVERSITY of CALIFORNIA RIVERSIDE the Role of Social
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UNIVERSITY OF CALIFORNIA RIVERSIDE The Role of Social Capital and Collaborative Negotiations in Multiple Species Habitat Conversation Plans A Dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science by Nancy A. Jimeno June 2012 Dissertation Committee: Dr. Juliann Allison, Chairperson Dr. Shaun Bowler Dr. Thomas Scott Copyright by Nancy A. Jimeno 2012 The Dissertation of Nancy A. Jimeno is approved: Committee Chairperson University of California, Riverside Acknowledgements Someone told me before I began my research that it is impossible to write a dissertation without help. This statement was prescient for me, as I found it necessary to rely on the guidance and assistance of so many people who were generous with their time and knowledge. It is impossible to mention everyone; nevertheless, I would like to recognize certain people for their valuable contributions. First I would like to thank the members of my committee: Juliann Allison, Thomas Scott and Shaun Bowler. In particular, thank you to Juliann Allison, without whom this dissertation would not have been completed. I owe you an incalculable debt of gratitude, Juliann. To Tom Scott as well, who supported me and believed in me and the importance of my topic before anyone else did. And to Shaun Bowler, whose (literal) thumbs up at my proposal was the confidence builder I needed to carry me through this project. Thank you also to Professor emeritus, Richard Regosin, who was my “ghost” committee member, and spent hours of his retirement time reading my work and guiding me toward a better product. And to Professor Sandra Sutphen, who encouraged me to go to graduate school and not to law school, where she correctly reasoned that I would be bored. I extend my thanks to all of the MSHCP participants in Orange and Riverside counties who invited me into their homes and offices for what often ran into hours of being interviewed. Gail Barton’s apricot cobbler was a wonderful treat, and I so much appreciated the three hours of constant information she offered. Annie Borel, who allowed me to depart with her policy and bring my diet drink into her cowboy bar while iv she told me about the history of her family’s land. Elizabeth Brown, whose long years of environmental advocacy were rich with explanation and interpretation of the actions of Orange County’s politically powerful. Cindy Dominigoni, whose sense of humor about her family’s farming accommodating the needs of the Stephen’s Kangaroo Rat put the issue into prospective. Rob Thornton, whose $250 an hour attorney fees were overlooked as he granted me a “pro bono” three hour interview in his plush office. My special thanks to Dr. Dan Silver, who granted me two interviews and innumerable phone calls at all hours, as he answered question after question. And of course, I offer my gratitude to Ed Sauls, who became a close personal friend as a result of my research. My friends and family were a tremendous support system. My daughter and grand- daughter supported me with their love. The Sleepy Peepees provided the necessary fun and exercise, not to mention encouragement that I needed to maintain my sanity through the process. Lori Whitney listened to me whine as we rode, changing her schedule to suit mine for two years. And my mother, who died before I was finished, and who had the foresight to send me to Marywood, which was the foundation for all of my subsequent education. I miss you, Mom. Thank you all. v Dedicated to my husband, T. Mark Jimeno and my mentor, Professor David L. Schaefer vi ABSTRACT OF THE DISSERTATION The Role of Social Capital and Collaborative Negotiations in Multiple Species Habitat Conversation Plans by Nancy A. Jimeno Doctor of Philosophy, Graduate Program in Political Science University of California, Riverside, June 2012 Dr. Juliann Allison, Chairperson Habitat Conservation Plans (HCPs) were established by Congress in 1982 as an amendment to the way the federal Endangered Species Act is implemented on private property. HCPs are an example of a negotiation structure that is established within a legal framework which acts as an “institutional channel” mandating collaborative negotiations and consensus-based decision making. This dissertation examines how competing stakeholders, working within a collaborative negotiation process toward a common goal, establish Multiple Species Habitat Conservation Plans (MSHCP). I argue that the collaborative negotiation model inherent in the MSHCP process fosters social capital that acts as a catalyst, drawing those with divergent ideologies and opposing interests into productive negotiations and toward reaching a workable compromise. Participants negotiate their own regulatory terms, working under a strong legal framework that provides assurances that their “voices” have been heard. While the result may be a vii consensus that is not preferred by individual participants, it is a consensus that participants as a whole agree they are willing to live with. When a compromise is reached, it is deemed legitimate and is therefore less likely to face legal challenge. viii Table of Contents Chapter 1: The Role of Social Capital and Collaborative Negotiations in MSHCPs ..1 Central Argument .............................................................................................................2 Methods ............................................................................................................................3 Review of the Literature ...................................................................................................8 Traditional Methods of Resolving Environmental Conflict ...........................................10 Adversarial Legalism .....................................................................................................11 Property Rights ...............................................................................................................14 Limits on Participation ...................................................................................................16 Emerging Models of Collaborative Methods .................................................................20 Social Capital .................................................................................................................24 Overview of the Dissertation ..........................................................................................26 Chapter 2: Legal and Historical Background of HCPs ................................................29 The Legislative and Legal Background of HCPs ...........................................................35 The Snail Darter and the God Squad: Construction of the Tellico Dam ........................37 Butterfly Meadows: The ESA Comes to California .......................................................43 No Surprises ...................................................................................................................46 Conclusion ......................................................................................................................49 Chapter 3: California’s Initial Regional-Scale HCP ....................................................52 Orange County’s NCCP .................................................................................................62 Conclusion ......................................................................................................................72 Chapter 4: The Stephen’s Kangaroo Rat HCP and its Effect on the Western Riverside Multiple Species Habitat Conservation Plan ...............................................74 Introduction ....................................................................................................................74 Private Property Owners’ SKR HCP Experience ..........................................................76 Participation and Negotiation – SKR Experience Shapes the WRMSHCP ...................82 The WRMSHCP Background ........................................................................................86 A Place at the Table: Who Participates? ........................................................................88 Shaping a Consensus Method ........................................................................................95 ix Negotiating the WRMSHCP ..........................................................................................98 Congressional Hearing in Hemet .................................................................................105 Disagreement Over Science, Differences Over Terms of Process ...............................108 The Challenge of Establishing Reserve Land Acquisition Processes ..........................112 The Habitat Transaction Method ..................................................................................113 The HANS Process .......................................................................................................116 Conclusion ....................................................................................................................118 Summary ......................................................................................................................119 Chapter 5: Rancho Mission Viejo’s Failed NCCP ......................................................121 Introduction ..................................................................................................................121 The Ranch Plan ............................................................................................................123