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(Recommendation by a new entity) could acttudly increase the nimiber of points at 

 which people attempt to influence the decision. Interests might attempt to influence the 

 initial recommendation, then also attempt to influence the agencies to alter or accept the 

 recommendation. 



5.2.2 Criterion: Reduces Legal/Political Challenges 



This criterion relates to whether or not the decisions of the Forum would have sufficient 

 legitimacy to reduce the number of legal or political challenges. 



Discussions with stakeholders showed conflicting positions. Some argued that 

 FORUM 5 (Decisionmaking by a new entity) would result in reduced legal or political 

 challenges because the parties would all be at the table. Others argued that these 

 alternatives would merely change who sues who. In the long-run, they argued, the only 

 thing that will reduce political and/or legal challenges is if all the parties are in 

 agreement on the substantive decision. 



FORUMS 1 through 3 do not change who makes the final decision, i.e., the three 

 operating agencies. These alternatives might result in increased credibility for 

 decisions, which could have some impact on litigation. However, if the basis for 

 litigation is the substantive decision, these alternatives do not necessarily lead to a 

 different substantive decision. FORUM 4 increases the number of decision makers, but 

 might reduce legal or political challenges because the ESA agencies are sitting at the 

 table with the SOR agencies. FORUMS 6 and 7 reduce the number of decision makers, 

 but there is no basis for assuming that they would result in different substantive 

 decisions. 



Final Draft - September 15, 1993 77 



