Conjoint Federalism and Environmental Regulation in the United States

Many of the environmental laws enacted by Congress employ adistinctive blend of national and state authority. In theseconjoint arrangements, state authority is not totally preempted,but it is subordinated to national authority if states wishto participate in environmental regulation. Under normal circumstances,national and state authority are deployed concurrently in pursuitof environmental policy objectives. Conjoint arrangements aremuch more controlling of state action than the stimulative andfacilitative approach to intergovernmental program implementationcommonly associated with cooperative federalism. Despite nationalprimacy, in the bargaining that marks implementation processes,state officials may enjoy considerable influence. Although administrativelycumbersome and criticized from a variety of perspectives, conjointarrangements are not the major reasons for a slow rate of improvementin environmental quality. When the various options are considered,there are reasons to conclude that conjoint arrangements arethe most realistic means for attacking environmental problems,although questions remain about the appropriate balance of nationaland state authority in them.     

Uneven local implementation of federal policy after disaster: Policy conflict and goal ambiguity

As climate change continues to increase both the frequency and intensity of environmental hazards and disasters, the need for a cohesive national mitigation policy grows. As the environmental federalism scholarship indicates, the inherent tension in federal, state, and local policy implementation highlights that despite a national need, environmental quality is a local public good. To complicate matters, there is disagreement about the optimal level of decision-making regarding the adoption and implementation of environmental policy. This study addresses this gap by considering the role of policy ambiguity and conflict in policy implementation. The analysis relies on primary qualitative data collected from open-ended interviews with 22 local government officials in 12 municipalities following Hurricane Harvey. Through the lens of policy ambiguity and conflict, we find confirmatory support for the idea that policies with less ambiguous goals are more likely to be implemented. Furthermore, we find that policy conflict arises when local governments perceive there is little for the community to gain by implementing the federal program. Thus, the level of protection afforded to citizens varies greatly between communities and is influenced heavily by politics. This research supports the Ambiguity-Conflict Model of policy implementation, an oft-cited but rarely tested theoretical framework for assessing the intergovernmental politics of policy implementation. It also demonstrates the barriers to local implementation of federal environmental policy in a nested system of government.     

Policy Attitudes in Institutional Context: Rules,Uncertainty, and the Mass Politics of Public Investment

This article examines the link between citizens’ policy attitudes and the institutional context in which policies are carried out. The article develops a theory of opinion formation toward policies that impose costs on citizens in order to invest in broadly valued social goods. In this framework, problems of agency loss and time inconsistency leave citizens uncertain about whether promised policy benefits will be delivered. Citizen support for public investments thus depends on whether the institutional context makes elites’ policy promises credible. We consider hypotheses about how the institutional allocation of authority and the institutional rules governing implementation affect citizen support for public investment, and we find broad support for the framework in three survey experiments administered to representative samples of U.S. citizens. The results shed light on the link between political institutions and citizens’ attitudes, the capacities of voters for substantive political reasoning, and the political prospects for public investment.     

Designing stakeholder consultations: Reinforcing or alleviating bias in the European Union system of governance?

Consultations with stakeholders are a policy instrument widely used by policy makers to design policies and prepare legislative proposals across national and supranational systems of government. The European Union has recently reviewed its stakeholder consultation regime and asked for stakeholders’ policy input. This offers an opportunity to examine empirically stakeholders’ own evaluation of the regime and to ask a fundamental question about its democratic credentials: Do stakeholders recognise the EU consultation regime as reinforcing bias in interest representation by benefiting policy insiders, or conversely as an instrument that alleviates bias in supranational policy making? Building on rational choice institutionalism, this article outlines the potential distributional outcomes of the regime and argues that they are likely to vary along the lines of a classic divide in policy making that opposes policy insiders to outsiders. Two competing narratives are discussed in relation to the expected direction of this variation by focusing on insiders’ incentives to support or oppose the regime. The observable implications are tested empirically on an original dataset containing information about stakeholders’ positions on the evaluation of the regime status quo, its proposed further institutionalisation and their recommendations for change. The findings describe a consultation regime that seems to have created conditions alleviating bias in stakeholders’ participation in supranational policy making. This is evident in the lack of systematic, significant differences between insiders and outsiders in the evaluation of the consultation regime. Where differences do occur, they are consistent with the image of a consultation regime that has not reinforced bias in favour of policy insiders. These actors are found to be more critical of the regime status quo, its institutionalisation and more inclined to recommend policy improvements. This supports an optimistic view over the democratic credentials and legitimacy of the EU consultation regime and outlines an additional scenario under which policy actors that are traditionally associated with exerting more power and influence find themselves stripped of their privileged position in the context of European supranational governance.     

Climate Adaptation in Canada: Governing a Complex Policy Regime

Climate adaptation is a complex policy area, in which knowledge, authority, and resources are fragmented among numerous public agencies, multiple levels of government, and a wide range of nongovernmental actors. Mobilizing and coordinating disparate public and private efforts is a key challenge in this policy domain, and this has focused research attention on the governance of adaptation, including the dynamics of interaction among interests and the institutions that facilitate collective action. This paper contributes to the study of adaptation governance by adopting the policy regimes perspective, an analytical framework designed to make sense of the loose governing arrangements surrounding complex, fragmented problems. The perspective's constructs are applied to a longitudinal case study of adaptation governance in Canada, which identifies, analyzes, and evaluates the policy ideas, institutions, and interests that comprise Canada's adaptation policy regime.     

The Launching of the EMS: An Analysis of Change in Foreign Economic Policy

Foreign exchange markets are subject to changing international regimes. When and why regimes change is a legitimate focus of political study. This is particularly so as shifts in foreign exchange markets modify relative prices in and between national economies. Authorities presiding over foreign exchange markets are answerable to their national policy communities and to their national electorates. They also operate within an international state system. Applying John S. Odell's framework to an analysis of the launch of the European Monetary System (EMS) in April 1978 by Chancellor Schmidt and President Giscard d'Estaing, it is argued that a market perspective alone would have failed to predict the establishment of the EMS. An analysis of the principal actors and their ideas; of the power political constellation; and of the domestic context in the Federal Republic and in France, contributes most to explaining ex post the shift towards a European managed exchange rate regime. In this case, the neoclassical M arket perspective provided erroneous, inadequate and subsidiary explanations. The article suggests that foreign exchange policy and therefore global financial markets belong firmly in the realm of international and comparative political studies. They are too important to be left to economists alone.     

Collaborative Institutions in an Ecology of Games

This article seeks to improve our understanding of policy institutions and cooperation by adapting Long's (1958) analysis of the ecology of games to the context of collaborative land use and transportation planning in California. The traditional institutional rational choice analysis argues that collaborative institutions reduce the transaction costs of cooperation among multiple policy actors. The ecology of games framework extends IRC by emphasizing the consequences of multiple institutions and identifies several reasons why collaborative institutions may actually reduce the amount of cooperation in existing policy venues. Analyses of survey data from policy actors in five California regions demonstrate that higher levels of cooperation in collaborative institutions are associated with lower levels of cooperation in other land‐use and transportation planning institutions.     

Designing Policy Pilots under Climate Uncertainty: A Conceptual Framework for Comparative Analysis

Abstract

An ongoing challenge while designing policies pertains to their proportionality with the change that is likely or expected in a future policy context. This article conceptualizes proportionality as a feature of policy design to compare different policy strategies launched in response to current and expected changes in the policy context and contributes to comparative policy theory and practice. The conceptual framework is operationalized with climate change as a complex policy problem that challenges policymakers in designing proportionate strategies to enable adaptation to change in the climate and associated impacts. Under conditions of uncertainty, policy piloting provides an opportunity to experiment and test the design features of alternatives to status quo policies to function in a changed policy context. The theoretical discussion is supplemented with examples of policy pilots launched as a form of policy experimentation to address climatic risks to agriculture in rainfed zones of India. Policy design features in four settings of change in policy context, ranging from small-scale incremental to highly flexible adaptive responses, are compared using the framework of proportionality.     

Brazil's South–South development cooperation: Principles and experiences of the domestic bureaucracy

How did Brazilian bureaucrats view President Lula's approach to the provision of development assistance in the context of South–South cooperation (SSC)? How did they see their own bureaucracy's role, as a provider of such assistance? This paper addresses these questions within the broad context of Brazil's development assistance program. The analysis begins with an elaboration of the internal legal and political structure supporting the country's provision of development assistance. Then, it addresses the research questions by drawing on original material obtained from 54 interviews, conducted in Brasilia, with diplomats and public servants from 25 federal ministries and institutions directly involved with implementing technical cooperation agreements. Evidence leads to three main observations: (a) the bureaucracies' limited autonomy vis‐à‐vis the Presidency's command of the Brazilian development assistance program; (b) great convergence in the worldviews and principled values upheld by public servants and diplomats in regard to Brazilian foreign policy; and (c) the existence of interbureaucracy complaints and struggles related to the operational side of agreement implementation. These findings are relevant for understanding the inner workings of Brazilian SSC, as well as in comparison to other national bureaucracies' involvement in the conceptualization and implementation of South–South knowledge transfers.     

Exploring the failure to protect the rights of the Roma child in Romania

An important test of the progress of development management is its contribution to human rights, especially in transition economies. This article explores the failure to protect the rights of the Roma child in Romania, who are particularly vulnerable to abandonment and institutionalisation. 2008 witnessed the 60th anniversary of the Universal Declaration of Human Rights and several other related celebrations. Nevertheless, within EU borders, minority populations can still lead dismal lives. It is argued that although both the EU and the Romanian government made the Roma's social inclusion a top priority, they failed to bring about substantial improvement. The first contribution of the article is to reinforce the trend within development management of linking policy implementation to the specific needs of the local context. Contemporary policy reports and early empirical results from an exploratory study in Galati, mainly in the area of education, suggest several inter‐related causes of poor implementation, including the national political context, specific issues affecting the Roma and local implementation capacity. The second contribution suggests that ideas from business and management, specifically the notion of organisational receptivity to change, could increase the pace of change. Receptivity provides a framework for understanding local issues and how to manage them. Copyright © 2010 John Wiley & Sons, Ltd.     

Central‐local relations in the people's Republic of China: Trends,processes and impacts for policy implementation

Central–local relations are a matter of great importance to developmentalists because they highlight an intriguing puzzle in public administration especially in large states: how policies decided at higher echelons of the formal system can possibly be implemented by the multitude of intermediary and local actors across the system. In the case of China—the most populous nation in the world, the contrast between the authoritarian façade of the Chinese regime and yet the proliferation of implementation gaps over many policy arenas adds additional complexity to the puzzle. This article reviews changes in central–local relations in the 60 years of history of People's Republic of China (PRC) as the outcome of four co‐evolving processes, and clarifies the roles of each process: state building and national integration, development efficiency, career advancement and external influences. It points out the continuous pre‐dominance of administrative decentralization from 1950s to present time, and the new emphasis on institutionalized power sharing in the context of new state‐market boundaries since 1980s. In conclusion, the article suggests going beyond the traditional reliance on the compliance model to understand central–local interactions and the abundant implementation gaps in a context of central–local co‐agency, thereby improving policy implementation. Copyright © 2010 John Wiley & Sons, Ltd.     

Comparative Local Economic Development: A Framework for Further Research

Recent research on local economic development does not provide an adequate framework for anticipating the consequences of cross national policy transfer and emulation. The research focuses on case specific analysis of one or another program within specific national or economic situations, but such analyses are not structured by a common understanding of the forces which shape policy formation or implementation. This article argues that we must rethink how we understand local policy by combining state-centered and class-centered theories of local policy outcomes. It suggests that such an approach would provide a better basis for both anticipating policy outcomes and predicting transferability.     

Enforcing Social Europe through Labour Inspectorates: Changes in Capacity and Cooperation across Europe

Despite its central importance for the implementation of EU social policy, the issue of member state enforcement of European regulations has attracted little academic attention. This paper analyses changes in national enforcement systems and horizontal cooperation between them by comparing labour inspectorates in the EU-15 member states over time (2000 versus 2010). Starting from the assumption that, as administrations, enforcement systems are strongholds of national sovereignty, it is argued that member states’ interest in creating a level playing field and in enabling free movement in accordance with the ‘four freedoms’ should nevertheless bring about change. The results show insufficient enforcement capacity overall, but also that important changes have taken place regarding the coordination, steering and pressure capacity of national labour inspectorates, and also regarding cooperation amongst them. This points to the emergence of horizontal cooperation as a distinct feature of the European Administrative Space.     

Comparative Climate Change Policy and Federalism: An Overview

This commentary provides an overview of the four papers in this issue of Review of Policy Research on the politics of climate change. The papers all address in one way or another aspects of how federal‐type systems are dealing with the collective action and multilevel governance issues of climate change policy. The comparative study of federal systems provides insight into how domestic authority is so often overlapping and divided when dealing with greenhouse gas emissions and climate change. Federal arrangements offer a rich array of norms, institutions, and practices for tackling these problems. Federal systems grapple continuously with the kinds of issues that are the most intractable in the climate change case, such as overcoming interregional differences of interests and values. A common federal feature is competition among subnational governments and between them and national or federated governments over climate change policy, which has been especially significant in the United States and in Canada in the relative absence of national action––although soberingly, the whole is as yet nowhere near as great as the sum of the parts. More significant, but rarer is the achievement of tighter coordination in federal systems achieved through intergovernmental co‐decision, as seen in the European Community and Australia. This has been accomplished in large part due to a consensus among all intergovernmental parties on the nature of the problem and congruence with the existing international regime, characteristics missing in the North American context.     

Mending the hole in multilevel implementation: Administrative cooperation related to worker mobility

European economic integration creates unintended consequences for national public administrations. This article offers a conceptual and empirical analysis of how these challenges are met. First, three challenges are identified: a reduced capacity to offer services to citizens who move freely, increasing administrative burdens, and negative externalities for all parts from a single states’ administrative failure. Second, a conceptual framework is developed that links each challenge to a most likely response in form of modes of administrative cooperation. Third, the framework is illustrated by an empirical analysis of the coordination of social security systems, labor inspectorates, and posted workers. The case studies show that horizontal administrative cooperation is developed stepwise over time and in line with the theoretical framework. In sum, we can sustain that horizontal administrative cooperation is a relevant additional integration dynamic that buffers unintended effects of market integration on formally independent but increasingly interdependent member state executive bodies.     

The EU’s Multilevel Parliamentary (Battle)Field: Inter-parliamentary Cooperation and Conflict in Foreign and Security Policy

The Treaty of Lisbon has been dubbed ‘the Treaty of Parliaments’, as it upgraded the position of both the European Parliament and of national parliaments within the institutional system of the EU. However, the implementation of the new Treaty also brought to the surface the uneasy relationship between the European and national parliamentary spheres in a number of domains. Drawing on the notion of ‘parliamentary field’, this article accounts for this growing divide by highlighting the competitive dynamics that may emerge from a mismatch between formal constitutional authority and the actual parliamentary capital that parliaments enjoy. The article examines this proposition within the domain of foreign and security policy, where the process of establishing a new inter-parliamentary mechanism for scrutinising policy has placed the European Parliament and the national parliaments visibly at odds.     

Investigating the influence of social costs and benefits of environmental policies through social capital theory

The level of effectiveness of an environmental policy depends to a significant degree on the level of acceptance and cooperation of citizens. The relevant literature indicates that social capital may significantly influence environmentally responsible behaviour connected with the implementation of an environmental policy. In this context, the present article aims to further explore this field by introducing the issue of non-economic social costs and benefits imposed from environmental policies. In particular, it is supported, both theoretically and empirically, that social costs and benefits may influence the decision of individuals to cooperate and comply with an environmental policy and thus may be a significant indicator for environmental behaviour. Furthermore, these social costs and benefits may differ among individuals and are influenced by social capital elements. Consequently, through the article the need of exploring social capital prior to environmental policy implementation is underlined along with the need of creating social capital assessment techniques.     

Policy analysis: A conceptual base for a theory of improvement

The purpose of reason or rationality in the analysis of resource allocation decisions is to provide decision makers with guidance on policy decisions which result in improvement, i.e. a net increment in social welfare. The difficulty with what might be called the microrationality of cost-benefit analysis and cost-effectiveness analysis as conventionally practised is that unless the context of such rationality is established in the larger framework of what might in turn be called the macrorationality which reflects an awareness of the properties of the whole system, the policy analyst cannot know whether his recommendation will upgrade (constitute an improvement in) or degrade (constitute a deterioration in) the system as a whole. The paper attempts to suggest a first conceptual approach, and an implied research agenda, addressed to developing a more effective general context for policy analysis. The suggested approach has four major components; first, the establishment of the basis for policy analysis in the explicit specification of a general weighted objective function for national policy and a corresponding set of functions for particular programs and projects; second, the development and incorporation in cost-benefit and cost-effectiveness analysis of a set of analytical parameters which establish the basis for policy analyses which are in the first instance comparable, and in the second instance consistent with the national objective function; third, the development of a general analytical framework for cost-benefit and cost-effectiveness analysis which recognizes the essential interdependency of policy decisions, including the financing implications of expenditure policies; and, finally, the explicit recognition of the need for a criterion of overall system improvement in the development of an analytical framework for the measurement of the trades-off or opportunity costs between alternative policy mixes.     

Federal-State Relations in Gun Control: The 1993 Brady Handgun Violence Prevention Act

The Brady Handgun Violence Prevention Act, which took effectin February 1994, sets minimum nationwide requirements for thesale of handguns and establishes a national criminal-backgroundinformation system. Each of these thrusts of Brady involvesfundamental issues of federalism. The first involves the traditionalgive-and-take between the states and the federal governmentin sorting out specific authority over the prohibition of firearmsales. The second thrust, establishing a national informationnetwork, requires cooperation of all the states and the federalgovernment. This article reviews Brady in the context of twenty-fiveyears of federal gun-control activity, examines its impact onfederal-state relations, and addresses the development of anational criminal-history information network linking the statesand the federal government.