Agenda‐Setting at the Energy‐Water Nexus: Constructing and Maintaining a Policy Monopoly in U.S. Hydraulic Fracturing Regulation

Despite calls to increase federal oversight of hydraulic fracturing (HF), the U.S. Congress has maintained a regulatory system in which environmental regulatory authority is devolved to the states. We argue that this system is characterized by a long‐standing “policy monopoly”: a form of stability in policy agenda‐setting in which a specific manner of framing and regulating a policy issue becomes hegemonic. Integrating theories on agenda‐setting and environmental discourse analysis, we develop a nuanced conceptualization of policy monopoly that emphasizes the significance of regulatory history, public perceptions, industry–government relations, and environmental “storylines.” We evaluate how a policy monopoly in U.S. HF regulation has been constructed and maintained through a historical analysis of oil and gas regulation and a discourse analysis of eleven select congressional energy committee hearings. This research extends scholarship on agenda‐setting by better illuminating the importance of political economic and geographic factors shaping regulatory agendas and outcomes.     

Synthetic risks, risk potency, and carcinogen regulation.

This article analyzes a comprehensive sample of over 350 chemicals tested for carcinogenicity to assess the determinants of the probability of regulation. Controlling for differences in the risk potency and noncancer risks, synthetic chemicals have a significantly higher probability of regulation overall: this is due to the greater likelihood of U.S. Food and Drug Administration (FDA) regulation. Measures of risk potency increase the probability of regulation by the U.S. Environmental Protection Agency (EPA), have a somewhat weaker positive effect on regulation by the U.S. Occupational Safety and Health Administration (OSHA), and decrease the likelihood of regulation by the FDA. The overall regulatory pattern is one in which the FDA targets synthetic chemicals and chemicals that pose relatively minor cancer risk. The EPA particularly performed more sensibly than many critics have suggested.     

Learning and Change in 20th-Century British Economic Policy

Despite considerable interest in the means by which policy learning occurs, and in how it is that the framework of policy may be subject to radical change, the "black box" of economic policy making remains surprisingly murky. This article utilizes Peter Hall's concept of "social learning" to develop a more sophisticated model of policy learning; one in which paradigm failure does not necessarily lead to wholesale paradigm replacement, and in which an administrative battle of ideas may be just as important a determinant of paradigm change as a political struggle. It then applies this model in a survey of U.K. economic policy making since the 1930s: examining the shift to "Keynesianism" during the 1930s and 1940s; the substantial revision of this framework in the 1960s; the collapse of the "Keynesian-plus" framework in the 1970s; and the major revisions to the new "neoliberal" policy framework in the 1980s and 1990s.     

混合型监管：政策工具视野下的中国药品安全监管

在当代中国,社会性监管正在被越来越多地运用到公共卫生、生产安全和环境保护等公共治理过程.以药品安全监管为个案,结合西方社会性监管的有关理论,从建章立制、设立标准、建立奖惩机制以及优化执行系统四个政策工具角度,对当代中国药品安全监管的政策过程进行分析,结果表明,由于受到社会治理模式转型的影响,中国药品安全监管模式可以被界定为"混合型监管".一方面,中国的药品安全监管政策在形式上已经具有了一些现代监管型政府的特点,例如建章立制、设立标准,并综合运用经济、法律和行政等手段;另一方面,却在许多方面仍然带有许多前监管型政府特征,而这些特征大都是计划经济时代的产物.虽然监管型政府正在逐渐取代全能型政府而成为未来中国政府可能的治理模式,但是从政策分析的角度来看,监管型政府的建设在中国并不是一蹴而就的.建设一个高效的现代监管型政府,仍然是市场经济时代下中国国家政权建设过程中的重要目标.     

How the Clinton Administration Can Make Foreign Aid Work

The changes taking place in the world today are exposing the inadequacies of the U.S. foreign assistance program. Beyond external changes such as the fall of communism, internal changes have occurred in the policy decisions and purposes governing the program, management and operations of the U.S. Agency for International Development (USAID), level of public attention on scandal, and aggressiveness of congressional oversight. After describing the purposes of the foreign assistance program, this article assesses the evolving role of the agencies involved in foreign assistance planning, budgeting and implementation processes; the processes themselves; the changes affecting the program; and the decision-making structure. Three reforms are needed to make the U.S. foreign aid program more responsive to U.S. foreign policy interests and more effective in accomplishing its development mandate. First, a strong policy focus is needed to direct the program toward realistic objectives and the best mechanisms for achieving those objectives. Second, the foreign aid program must move away from implementing projects with limited objectives and toward programs that promote broad-based economic growth, pluralism and democracy. Finally, AID should be merged into the State Department, and its field structure reorganized and reduced to better integrate development and foreign policy considerations.     

PROGRAM IMPLEMENTATION VERSUS PROGRAM DESIGN: WHICH ACCOUNTS FOR POLICY "FAILURE"?

Many influential implementation scholars now argue that "street-level" bureaucrats, rather than legislators or high-level administrators, make public policy in the U.S. Such authors as Pressman and Wildavsky cite creaming in employment and training programs as an especially clear example of well-meaning programs that fail when implemented. This paper argues that two of the most significant and lasting of these programs, the U.S. Employment Service and the Manpower Development and Training Act, were designed to encourage creaming. The essay asserts implementation scholars overstate the disconnection between program design and program implementation because they assume there is little disconnection between program legitimation and program design. A better conception of design permits one to perceive that these programs were legitimated on the grounds they would serve a large number of constituents, but were designed to do so by serving employers. The combination of these premises made creaming an imperative of program operation, and the implementors who cream remain faith ful to original program strategy. This finding suggests a redirection of policy research toward a more rlgorous analysis of program design and a better understanding of the relationship between legitimation, design, and implementation.     

Competing Policy Windows in Biotechnology: The FDA,the 21st Century Cures Act,and Laboratory‐Developed Tests

In 2014, the U.S. Food and Drug Administration (FDA) proposed taking a more active role in the regulation of laboratory‐developed tests (LDTs). Meanwhile, the U.S. House of Representatives embarked upon the 21st Century Cures initiative to develop legislation to expedite the development of new biotechnology innovations. During that initiative and in the public comments responding to the draft guidance, there was significant disagreement as to whether the increased FDA regulation of LDTs was beneficial or detrimental to biotechnology. Both the FDA guidance document and the 21st Century Cures Act came about due to the opening of a window of opportunity created by the convergence of circumstances. The question is whether the windows of opportunity are competing and how to resolve this competition. This study will investigate these questions through a qualitative case study. It will also provide recommendations for resolving policy disputes involving wicked problems like biotechnology policy.     

Bioterrorism, Fear, and Public Health Reform: Matching a Policy Solution to the Wrong Window

During the 1990s, terrorist actions using biological weapons and the fear that rogue states possessed such weapons placed bioterrorism on the political agenda, a policy window widened by the September 11 attacks. Advocates for improving the U.S. public health infrastructure attempted to use this window to obtain the resources necessary for modernization. This article examines those efforts and identifies significant problems arising from a mismatch between the goals of public health policy entrepreneurs and the policy window used to address them. By defining bioterrorism as a security rather than a public health issue, policy entrepreneurs squander the opportunity to institute broad-based reforms that would improve not only the ability to manage a terrorist incident, but also meet other public health needs. The bioterrorism program proves a useful case study in how the goals of policy entrepreneurs can be displaced by attaching policy preferences to the wrong policy stream.     

Japanese voluntary environmental agreements: Bargaining power and reciprocity as contributors to effectiveness

Theoretical and empirical research on voluntarism has focused primarily on U.S. and European examples, but has generally failed to consider the Japanese system of voluntary environmental agreements. Nevertheless, Japanese VEAs are one of the worlds oldest experiments in voluntary policy; careful analysis of the characteristics and contexts may improve understanding about the critical factors associated with effective voluntary policy. This paper reviews the extant literature on voluntarism focusing specifically on the bargaining context within which agreements are negotiated. It details three factors that contribute to the effectiveness of voluntary policy generally: regulatory bargaining power, non-regulatory bargaining power and reciprocity. The paper then provides a brief but detailed analysis of the development of voluntary agreements in Japan. Comparisons with voluntary policies in the U.S. and Europe are included. Findings indicate similarities and some significant differences between the Japanese system and other national systems of voluntary policy. Conclusions discuss implications for theory and policy.     

Coping with transborder penetration: The politics of television

International conflicts are brewing over the transmission of television signals across international boundaries. The dispute is illustrative of an increasing range of cases in which the actions of one national economy penetrate deeply into another, and in which national interests and national values conflict. In this instance, the opposition to such signals stems not only from authoritarian regimes but also from democratically elected governments. The U.S. government defends such transmissions on the basis of strongly held U.S. values, including the concept of maximum choice for viewers and the fear that regulation of an entertainment medium may lead the way to government censorship. U.S. commercial interests are also involved. The conflict promises to grow more acute in time; yet the U.S. government finds it extremely difficult to agree on mitigating measures with other nations in areas of policy such as television, that is, areas that entail both domestic and foreign considerations.     

Defining Environmental Justice Communities for Regulatory Enforcement: Implications from a Block‐Group‐Level Analysis of New York State

The absence of a clear definition of environmental justice areas has been cited as one of the U.S. Environmental Protection Agency's major deficiencies in managing federal environmental justice programs. Several states have explicitly defined potential environmental justice areas and integrated targeted efforts into the policy‐making process. At the block‐group level, this study evaluates the effects of New York State's environmental justice policy, which defines communities of concern in terms of demographic and socioeconomic characteristics as well as mandates supplemental regulatory enforcement activities for these neighborhoods, on the agency's policy implementation practices under the Clean Air Act and Clean Water Act. The empirical findings suggest that there is inconclusive evidence regarding race/ethnicity‐ and class‐based environmental inequity. Also, the state's policy intervention is not universally effective. Moreover, task environments of a given community are a consistent determinant of the agency's regulatory compliance monitoring and assurance activities. This study then derives broader implications regarding the adoption of a policy instrument that defines and screens potential environmental justice communities.     

Free riding in voluntary environmental programs: The case of the U.S. EPA WasteWise program

Voluntary Environmental Programs (VPs) involving industry and regulatory agencies have emerged as the promise of the future in environmental policy circles. Although the number of these agreements is increasing in OECD countries, there are still concerns about their effectiveness; in particular that “free-riding” behavior may be difficult to avoid within VPs. Free riding occurs when one firm benefits from the actions of another without sharing the costs. Free-riding behavior may undermine the credibility of VPs and therefore their viability. Our paper focuses on understanding the factors that favor or hamper free-riding behavior in VPs. Our analysis is based on the case of the WasteWise program that was established by the U.S. Environmental Protection Agency to reduce municipal solid waste.     

CITIZEN GROUPS AND ALTERNATIVE APPROACHES TO REGULATORY REFORM

Berry examines alternative regulatory reform proposals which could lead to greater citizens group control over regulatory policy making. Citizens groups have been handicapped by problems of maintaining large-scale lobbying efforts, seeing little in the way of long-term rewards for accomplishing deregulation, being unwilling to play the Congressional logrolling game, and simultaneously favoring regulation in one area and deregulation in another. The costs and benefits to citizen group organizations are emphasized in considering the alternatives they advocate. Citizen participation programs are seen as the most likely to expand in the future.     

From “smart regulation” to “regulatory arrangements”

When regulators are faced with practical challenges, policy instrument choice theories can help them find the best solution. However, not all such theories are equally helpful. This paper aims to offer regulators a better alternative to the current policy instrument choice theories. We will specifically address the shortcomings of “smart regulation theory” and present an alternative that keeps the best of that theory while remediating its weak points. Some authors (Böcher and Töller 2003; Baldwin and Black 2008) say that smart regulation theory does not address institutional issues, compliance type-specific response, performance-sensitivity and adaptability of regulatory regime. We have resolved these problems by merging the smart regulation theory with the policy arrangement approach and the policy learning concept. We call the resulting approach “regulatory arrangement approach” (RAA). The central idea of the RAA is to constrain the almost infinite “smart” regulatory options by: the national policy style; adverse effects of policy arrangements of adjoining policies; the structure of the policy arrangement of the investigated policy and competence dependencies of other institutions. The reduction can be so drastic that the potential governance capacity falls below the smart regulation threshold. In other words, no smart regulatory arrangement can be developed in that institutional context unless policy learning occurs. In addition, a “smart” regulatory arrangement is no guarantee that the policy will succeed. For this reason, the performance of the regulatory arrangement is measured and evaluated. Performance below a certain threshold indicates that the regulatory arrangement needs to be adapted, which then results in policy learning. We illustrate the usefulness of this new approach with a secondary analysis of the Flemish sustainable forest management policy.     

The U.S. regulatory environment and international trade: Lessons from the electricity sector

Regulation has been frequently blamed for the decline of U.S. international competitiveness. This article examines the alleged link between regulation and trade within the context of electric utility policies implemented since 1970. Under an alternative electricity future in which the regulatory burden is reduced and regulatory inefficiencies are minimized, electricity prices are shown to fall by at least 30%. This reduction in the price of a key factor input is shown to lead to reductions in the prices of U.S. export- and import-competing goods and, ultimately, to a modest reduction in the U.S. trade deficit.     

Epistemic contestation and interagency conflict: The challenge of regulating investment funds

Scholarship on regulating global finance emphasizes the importance of national and bureaucratic interests, but less attention has been devoted to epistemic sources of regulatory conflict. We address this by analyzing the failure of regulators to agree tougher rules for large investment funds after the 2008 crisis. The article suggests this outcome was the result of epistemic contestation between prudential regulators and securities regulators, rooted in divergent interpretive “frames.” We show that US and EU prudential regulators pushed for entity-based regulation of investment funds by escalating the issue to global standard-setting bodies. But this was successfully resisted by securities regulators that exercised epistemic authority through recursive practices—appeals to expertise, jurisdictional claims, and alliance building—to defend their transaction-based approach. The article demonstrates how an interpretivist perspective can provide new insights into inter-agency conflict and regulatory disputes in other policy fields.     

Program in search of a policy: The chrysler loan guarantee

In 1979, the U.S. government responded to the threat that Chrysler might close its doors with a program that had almost no U.S. precedents. The policy that lay behind the program was obscure at the time and remains so. A variant of the traditional argument for the protection of infant industries offers the glimmering of a rationalization. But defining a general policy in such cases remains a task for the future.     

GOVERNMENT STRUCTURAL POLICIES AND THE AUTOMOBILE INDUSTRY

Structural policy has two elements: rules of competition and concentration in the marketplace, and deliberate attempts to structure industrial sectors. Historically, Europe, Japan, and the U.S. have pursued quite dissimilar structural policies, reflecting their differing perceptions of the national interest, different international imperatives, and different conceptions of the role of the state. The automobile industry offers sharp cross-country comparisons of structural policy at i t s most vigorous. In this paper, the successes and failures of U.S. antitrust activity toward the automobile industry are considered in comparison to the relative absence of such policies abroad. Similarly, governments' attempts to develop internationally competitive automobile industries in Europe and Japan contrast with the domestic regulatory orientation in the U.S. This historical analysis suggests the current need for reorientations in national structural policies in order to deal effectively with internationalized markets, firms, and competition in the automobile and other industries today.     

Modes of regulatory governance: A political economy perspective

This article introduces the special issue by presenting a framework for the study of regulatory politics using the analytical tools and approaches of comparative political economy. Having traced the evolution of studies on regulation, it argues that scholars should pay more attention to the systemic features affecting regulation and to the relationship between regulatory policies and their outcomes. The article presents the foundations of an analytical framework based on the “regulatory policy process,” a comprehensive approach that links inputs, outputs, and outcomes. The review of the contributions to this special issue shows that regulatory regimes can be better understood by placing them within the broader political economy of a state or region. A renewed focus on regulatory outcomes can help foresee what one should expect from the impact of a certain regulatory regime on a political‐economic system.