Federalizing energy? Agenda change and the politics of fracking

This paper focuses on agenda change affecting the politics of ??fracking operations?? in the US, a process of extracting natural gas from underground shale formations. We examine how the movement of this policy issue between the state and federal levels of government has become increasingly contentious because of rising public concern about pollution impacts. Using information obtained from documentary sources and media content analysis, we found that the natural gas policy coalition has largely focused on a political strategy based on maintaining fracking regulatory controls at the state level, while the environmental policy coalition has pushed for increased regulation of drilling practices in general, including a larger policy and oversight role for federal agencies such as EPA.     

Territorial Representation and the Opinion–Policy Linkage: Evidence from the European Union

A key feature of federal systems is the representation of subnational units by “territorial representatives” in policymaking at the federal level. How do such arrangements influence the linkage between public opinion and policy outputs? I argue that policymaking under territorial representation should be systematically skewed toward opinion in those states where citizens care about a policy issue and have a uniform view on it. This claim is tested using a novel data set of policy change in the European Union (EU), covering 211 policy issues and 6,506 observations of opinion–policy dyads. Results show that measures weighting opinion across member states by how much national citizens care about an issue are better predictors of policy change than EU‐wide mean opinion. Moreover, congruence between state‐level opinion and EU‐level policy becomes more likely, the more salient and clear‐cut opinion in a member state is. These findings refine our understanding of the opinion–policy linkage under territorial representation.     

A COMPARATIVE ANALYSIS OF RULEMAKING PROVISIONS IN STATE ADMINISTRATIVE PROCEDURE ACTS

As the primary source of procedures that state agencies must follow, state Administrative Procedure Acts (APAs) structure administrative discretion in the promulgation of rules and regulations. While the federal APA has been studied extensively, much less has been written about state procedural statutes. This article describes the major rulemaking provisions in state APAs and provides a broad, comparative, and systematic understanding of these provisions. Our analysis yields three major findings. First, state procedural statutes vary considerably in the extent to which they structure administrative discretion in rulemaking. Second, adoption of these rulemaking provisions tends to vary in a systematic way, as states first incorporate due process provisions, and then adopt responsiveness and rationality provisions. Third, in the area of procedural regulatory reform, states have made considerable strides in reforming regulatory administration.     

Organized interests and administrative rulemaking: the state of Wisconsin's lobbyists and coalitions

This study examines interest groups undertaking lobbying activity focused on administrative rulemaking. The analysis utilizes a dataset composed of observations made during the 2009–2010 Wisconsin Legislative Session, including the entire population of groups lobbying during this time period. This research examines the participants, efforts, and coalitions utilized when groups engaged in lobbying activity related to rulemaking. Although scholars have examined interest group activity focused on rulemaking at the federal level, little work has focused on this behavior in the states. This study aims to further the understanding of this activity. Copyright © 2015 John Wiley & Sons, Ltd.     

THE POLITICS OF LEGISLATIVE CURTAILMENT OF ADMINISTRATIVE RULEMAKING: OBSTACLES TO POLICE-PATROL OVERSIGHT

State Administrative Procedure Acts (APAs), like their federal counterpart, attempt to even the odds that citizens’rights will be protected as administrative agencies exercise quasi-legislative and quasi-judicial functions. North Carolina is one of several states which has recently attempted to constrain agency power in rulemaking and complaint adjudication. This is a case study of policy outcomes attained by the North Carolina General Assembly in its 1985 revision of the state's APA. Why did some state legislators’efforts to assume stricter oversight over administrative rulemaking fall far short of the kind of control and accountability they aimed for? We explore three types of obstacles to APA reform encountered in North Carolina. Each is relevant to other states. First, direct surveillance or “police-patrol” techniques of legislative oversight impose undesirable political costs on legislators. Second, there is an absence of (or categorical precedence is against) the adoption of such techniques. Third, executive-legislative branch conflict and complex separation of powers issues arise when state legislatures attempt to curtail administrative rulemaking in significantly new and restrictive ways.     

Conventional Politics for Unconventional Drilling? Lessons from Pennsylvania's Early Move into Fracking Policy Development

The emergence of hydraulic fracturing techniques is generating a dramatic expansion of the development of domestic natural gas resources in the United States and abroad. Fracking also poses a series of environmental protection challenges that cut across traditional medium and program boundaries. Formal constraints on federal government engagement thus far devolve considerable latitude to individual states for policy development. This provides an important test of whether recent scholarly emphasis on highly innovative state environmental and energy policies can be extended to this burgeoning area. Pennsylvania has moved to the epicenter of the fracking revolution, reflecting its vast Marcellus Shale resource and far‐reaching 2012 legislation. This article examines the Pennsylvania case and notes that the state's emerging policy appears designed to maximize resource extraction while downplaying environmental considerations. The case analysis generates questions as to whether this experience constitutes an influential state early mover that is likely to diffuse widely or is instead an aberration in a rapidly diversifying state policy development process.     

Packaging Support for Low‐Income Families: Policy Variation across the United States

This paper addresses a gap in state‐level comparative social policy research by analyzing policies that support low‐income families with children. Variation in state policy “packages” is measured by considering three characteristics of 11 social programs. Individual measures of policy are found to be weakly and inconsistently inter‐correlated at the state level, but when cluster analysis is used to analyze multiple dimensions simultaneously, five clusters or regime types are identified that have distinctive policy approaches. These range from the most minimal provisions, to conservative approaches emphasizing private responsibility, to integrated approaches that combine generous direct assistance with employment support and policies that enforce family responsibility. A comparison of a subset of programs at two points in time (1994 and 1998) suggests that states made substantial changes in cash assistance and taxation policies after the 1996 federal welfare reforms. The magnitude and direction of these changes remained consistent with the state clusters identified in 1994. © 2001 by the Association for Public Policy Analysis and Management.     

The States Come Marching In: Examining State Agency Influence on Federal Rules

Amidst congressional gridlock, administrative rulemaking is the main pathway for environmental policy making. Scholars have assessed the role of the institutions of government (the president, Congress, and the courts) and key interest groups (i.e., business and environmental interests) in shaping rulemaking outcomes. What is missing from this literature is an assessment of the role of key implementers, state environmental agencies. This research fills this gap by assessing the role and impact of state government agencies in three case studies of rulemaking at the Environmental Protection Agency (EPA). Based on original interviews and a public comment analysis, this research suggests that state agencies play an active and influential role in EPA rulemaking. And, in some cases, state agencies wield more influence than other interest groups. Interviewees argued that this influence stems from these agencies’ unique voice as an implementation collaborator. As a result, researchers should incorporate an assessment of the role of these interests to more effectively explain regulatory outcomes at the EPA and potentially across the bureaucracy.     

Public Attitudes toward Climate Science and Climate Policy in Federal Systems: Canada and the United States Compared1

Multilevel governance poses several challenges for the politics of climate change. On the one hand, the unequal distribution of power and interests can serve as a barrier to implementing coherent policy at a federal level. On the other, these features also enable policy leadership among sub‐federal units. In the context of wide variation in climate policy at both national and sub‐federal levels in Canada and in the United States, this paper utilizes an original data set to examine public attitudes and perceptions toward climate science and climate change policy in two federal systems. Drawing on national and provincial/state level data from telephone surveys administered in the United States and in Canada, the paper provides insight into where the public stands on the climate change issue in two of the most carbon‐intensive federal systems in the world. The paper includes the first directly comparable public opinion data on how Canadians and Americans form their opinions regarding climate matters and provides insight into the preferences of these two populations regarding climate policies at both the national and sub‐federal levels. Key findings are examined in the context of growing policy experiments at the sub‐federal level in both countries and limited national level progress in the adoption of climate change legislation.     

Subnational Responses to Fracking in Canada: Explaining Saskatchewan's “Wild West” Regulatory Approach

This article assesses the regulatory response to fracking by Saskatchewan, Canada's second largest oil‐producing province. Public officials and industry representatives claim fracking regulations are “comprehensive” and “robust”; however, there has been no comparative assessment of this claim. To address this gap, we outline the dominant regulatory pathways of U.S. states and Canadian provinces, ranging from applying existing regulations with minimal revisions, to enacting broader revisions or bans. We account for this variation using a framework from Davis ( 2012 ) emphasizing governments’ dependence on the oil sector, the level of support for fracking among elected officials and policy makers, and the influence of key “constituencies.” The article then traces the growth and impact of fracking in Saskatchewan and analyzes new trends in the province's regulation of fracking. Given the province's application of existing regulations with minimal revisions and active weakening of enforcement, we identify Saskatchewan as taking Rabe and Borick's ( 2013 ) “conventional” regulatory approach, typical of Davis's “energy dominant” states.     

Universities and State Policy Formation: Rationalizing a Nanotechnology Strategy in Pennsylvania

Technology‐based economic development programs have become a salient feature of the state policy landscape since the 1980s. While much research exists on the topic, little attention has been given to the processes of policy formation. State programs have moved towards high technology areas emphasized at the federal level over the past decades, and nanotechnology became one of the latest targets. This paper examines the eight‐year process through which Pennsylvania adopted a “state‐wide strategy,” culminating in the Pennsylvania Initiative for Nanotechnology. In this process, programs that responded to the interests of multiple agents came first, and a state policy was formulated after the fact. This pattern of “rationalized policy formation,” as opposed to rational policy formation, may be more common than suspected. Its strengths and weaknesses in this Pennsylvania case are discussed.     

State Renewable Energy Governance: Policy Instruments,Markets, or Citizens

Since the 1990s, state governments in the United States have diversified policy instruments to encourage the electric power industry to deploy renewable sources for electricity generation. This study identifies the trends and variations in renewable energy (RE) policy governance among states and examines the effectiveness of policy instruments in the deployment of RE sources for electricity production. This study explores 18 state legislative, RE‐related regulations, programs, or financial incentives existing between 2001 and 2010 in 48 states in the United States. Renewable energy policies were classified into three types of policy approaches: command‐and‐control, market‐based, and information instruments. Results suggest that authoritative approaches are more likely to be effective in the governmental intervention toward a pre‐existing market, and information instruments and citizen participation became important in the power industry in the 2000s. In addition, it gives us some evidence that federal assistance under the American Recovery and Reinvestment Act of 2009 influenced the overall growth of the renewable electricity industry, in addition to state government–led policy designs.     

Integration of Environmental Concerns in a Trans‐Atlantic Perspective: The Case of Renewable Electricity

The issue of integrating environmental concerns into energy policy decision making is increasingly addressed, not least related to climate change. Although the United States, unlike the EU, did not sign the Kyoto Protocol, several U.S. states promote renewable electricity (RES‐E), and some of these initiatives are linked to climate‐change mitigation efforts. The present article assesses in this connection the six New England states of the United States, comparing their efforts of integrating RES‐E with climate change to the Nordic countries in Europe. In order to explain different approaches, the article focuses on the importance of different EU and U.S. multilevel governing structures. The analysis indicates that the New England states' RES‐E promotion thus far has not been substantially integrated with climate‐change concerns, whereas in the EU's more top‐down approach, climate change figures more prominently vis‐à‐vis RES‐E. EU policies represent an increasingly important driver for the Nordic countries. In the United States, on the other hand, it remains an open question as to how future federal policy efforts will relate to existing policies at the state level.     

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.     

Tax Evasion from a Policy Perspective: The Case of the Motor Fuels Tax

In recent years, many state legislatures have proposed, considered, and adopted legislation intended to thwart fuel tax evasion. Despite the recent political activity of state legislatures to increase fuel tax compliance, there is relatively little research examining the evasion of excise taxes in general or the motor‐fuel tax in particular. This article examines the issues of fuel tax evasion from a policy perspective. We discuss the vulnerability of the fuel tax to evasion and examine how state legislatures in the southern region have responded to the tax evasion issue. We focus the examination on four major initiatives implemented at the federal level in four broad policy areas: tax administration, penalties and punishments, liability, and visibility and enforcement. These findings provide important insight for developing new strategies to enhance compliance to the fuel tax in particular and excise taxes in general. Furthermore, we discuss how issues of fuel tax compliance can be extended to other compliance issues such as Medicare fraud.     

Likely effects of devolution on the redistributive character of policy agendas

This article assesses two competing views of the effects federal devolution may have on the future of health, education and welfare programs in the United States. One school of thought argues that devolution of social policy to the state and local level will have negative consequences for the less affluent. A contrasting view maintains that devolution will spur innovations at the state and local level, which in turn will lead to more effective and efficient social programs. Dileo analyzes presidential and gubernatorial speeches over a period of 5 years to assess the state of U.S. social policy. He concludes that the federal government is generally more supportive of redistributive policies than are the states.     

INTERGOVERNMENTAL IMPACTS ON POLICY VARIATIONS WITHIN STATES: EFFECTS OF LOCAL DISCRETION ON GENERAL ASSISTANCE PROGRAMS

Variation in state policy outputs is often a function of the level of inter governmental involvement in policy decisions by the federal government. This study examines comparable impacts of intergovernmental involvement by states on variations of welfare policy outputs within the states. The analysis of the effects of state-level involvement on General Assistance payments indicates that state delegation of policy discretion in this program leads to significantly higher levels of variation of policy effects within states.     

Energy Abundance or Environmental Worries? Analyzing Public Support for Fracking in the United States

This paper provides an analysis of public attitudes toward fracking use and policies with an eye toward factors that help us account for differing levels of support. Using data from a national survey of American adults, we found that women and people residing in urban areas are slightly more inclined to oppose fracking and to favor more regulation in terms of drilling operations and company chemical disclosure requirements than men or people living in rural areas. Our key findings, however, are that opposition to fracking and support for current or increased levels of regulation are strongly related to Democratic Party identification and to pro‐environmental policy attitudes. We conclude by suggesting that a tendency for people to view fracking as an environmental rather than an energy issue has potentially important implications for the implementation of locally based regulatory requirements.     

Energy demand‐side management: New perspectives for a new era

Over the past decade and a half, state governments have assumed greater responsibility over demand‐side management (DSM) operations. Whereas DSM programs formerly were initiated primarily by utilities or state public utility commissions, they are now becoming increasingly state‐initiated and incentivized through funding mechanisms or efficiency‐level mandates. The supporting literature, however, has yet to respond to these changes and to verify that DSM funding or mandates are effective policy mechanisms. Furthermore, the supporting literature has yet to resolve some of the research design and methodological challenges that traditionally plague DSM evaluations. As states continue to expand their energy and climate policy efforts, and the federal government considers the possibility of national decarbonization policies, of which DSM is a key strategy, the need for empirical research on the effectiveness of DSM programs will grow. This essay describes the current status of DSM efforts in the U.S. and explores how these programs affect electricity operations. The relationship between DSM policy and program efforts and the amount of saved electricity is tested with a methodological approach aimed at minimizing the selection bias that is inherent in the nonexperimental research design. Results confirm that state‐run DSM efforts contribute to electricity savings across the country. Public benefit funds coupled with performance incentives are found to encourage utility participation in DSM programs. Energy efficiency portfolio standards and performance incentives effectively promote electricity savings, but public benefit funds without the support of other DSM policies are not significant drivers of either DSM program participation or total DSM electricity savings. © 2011 by the Association for Public Policy Analysis and Management.     

Public Information and Regulatory Processes: What the Public Knows and Regulators Decide

Because bureaucratic agencies may be less transparent in their decision processes than legislatures, most states have developed processes to incorporate input from regulated communities and other parties potentially affected by regulations. Administrative agencies may encourage democratic practices to increase legitimacy and accountability of the bureaucracy and improve decision‐making processes. However, rules governing the regulatory process vary by state, with some incorporating more open practices than others. Understanding these dynamics is increasingly important, as the rulemaking process has become central to policymaking over the past several decades, with a large portion of policymaking authority delegated to administrative agencies. Drawing from regulatory documents, rulemaking comments, media coverage, and interviews with regulators in 14 regulatory decision processes across five states, this study finds that while states vary in their approach to providing access to information, there are overriding patterns that reduce the role of citizens and the overall transparency of regulatory processes.