State Environmental Commission overhauls rules

Wednesday, Nov. 20, 2002 | 9:07 a.m.

The state Environmental Commission on Tuesday approved an overhaul of rules governing how appeals are handled.

The change would standardize and streamline the often contentious process, but also would give the board chairman more leeway to control speakers. The commission has been at the forefront of some of the state's most important environmental issues.

The board has had the final administrative say on such issues as fluoride in local drinking water. The commission also is often the final arbitrator on air and water quality standards, though parties can take issues to the state or federal courts for a higher ruling.

The commission can rule on both local actions, including Clark County or municipal decisions, and administrative actions by the state government. The commission includes members of the general public and state officials.

The rule changes were approved in a 7-0 vote by the board, but are temporary. The board will ask the state Legislative Counsel Bureau to draft permanent changes next year after the Legislature closes shop, said David Cowperthwaite, the commission's executive secretary.

The two-step approach to bringing the final changes is required by state law, he said.

Cowperthwaite described some of the changes the vote brings:

Cowperthwaite said all of the changes to the commission's rules are based on existing Nevada administrative law.

Cowperthwaite and Alan Coyner, commission acting chairman, Tuesday said the goal of the changes is not to exclude testimony or stop appeals.

"Some lessons have come out" of contentious environmental battles in the past, Cowperthwaite said. "It is a more orderly, a more structured process.

"We still will have to respond to frivolous appeals, and anyone still has the right to express themselves," he said.

The changes will bring more clarity to the administrative record, which can be critical if an appeal goes beyond the commission to the courts, Cowperthwaite said.

"We need to be able to take to court an administrative record that is solid and dependable," Conyer agreed.

"The intention of the rule changes is not to limit public debate or comment," Conyer said. Changing the rules means that limits on speech within an appeal hearing "will not be arbitrary, on the spur of the moment."

Conyer said some problems with earlier appeals can now be avoided. One change will be that people appealing a decision must supply their own witnesses.

Conyer said on some issues, those participating in the process have badgered witnesses from the other side to make their point.

One environmentalist attending the commission meeting welcomed most of the changes.

"We support the changes," said Tom Myers, executive director of Great Basin Mine Watch, a group that has used the commission as an arena for its regular battles with the mining industry.

He said a framework for providing written briefs and testimony would be particularly helpful in the case of complex technical issues.