In his piece “Participatory Democracy in Action,” ALI President David F. Levi reflects on a powerful experience mediating a dispute between the U.S. Department of Energy, the New Mexico Environment Department, and seven citizen groups over the renewal of the state permit for the Waste Isolation Pilot Plant, the nation’s only deep underground nuclear waste storage facility.
What began as a conventional mediation evolved into a striking example of participatory democracy. Over four days, government representatives, contractors, and diverse community groups—ranging from business leaders in Carlsbad to environmental advocates—sat together, exchanged views, and ultimately reached a consensus on permit terms. Levi describes the process as “something magical,” noting that citizens were not merely advising but taking on the responsibility of decision makers, demonstrating compromise, collaboration, and civic engagement at its best.
Levi connects this experience to broader themes in American democracy. He draws a parallel to Alexis de Tocqueville’s observations of the civil jury trial as a “public school” for teaching civic virtue and democratic responsibility. While jury service remains a vital way for citizens to build trust in the courts, Levi cautions that the decline of jury trials, especially in federal court, poses risks to this important democratic practice.