GRESHAM'S LAW: THE REGULATORY ANALOGY

The authors argue that delegation of discretion over environmental regulation to the states may trigger a process analogous to Gresham's Law in which lax regulation in one state drives out stringent regulation in neighboring states. This devolution to regulatory laxity is illustrated by the lax pesticide regulations in five Midwestern "agricultural" states. Questions are raised about the effects of the Reagan Administration's commitment to reduce the stringency of federal environmental regulations and delegate more regulatory discretion to the states.     

FEDERAL COURT INVOLVEMENT IN THE APPLICATION OF SURFACE MINING LAW

This article surveys 122 federal cases reported in the Surface Mining Law Summary from the earliest legislation under SMCRA to the end of 1987. The analysis distinguished between cases in which all OSMRE regulations or applications of SMCRA were upheld by the federal courts, and those in which one or more regulations/applications were overturned. The analysis further classifies the cases according to whether the decisions were favorable to industry (or, conversely, to environmental/citizen groups), according to whether the issues involved were primarily of narrow private right (or, conversely, of broad public policy), and according to state-of-origin. Finally, separate examination of those cases in which OSMRE's discretion in the enforcement of SMCRA was restricted is provided. The author concludes t h a t both the federal courts and OSMRE have been reasonably even-handed in their application of SMCRA, contrary to the earlier expectations of some proponents and opponents of surface coal mining regulation in the United States.     

Performance targets,path dependence,and policy adoption: evidence from the adoption of pollutant emission control policies in Chinese provinces

Abstract

Although performance targets imposed by high levels of governments are an important vertical result-oriented influence on local governments’ policy adoption, no studies have examined the impacts of performance targets on policy processes. Using the adoption of atmospheric pollutant emission standards by Chinese provinces in the 2000 to 2015 period, this study runs spatial autoregression models to investigate the effects of mandatory performance targets on environmental policy adoption processes in China. The results show that top-down performance targets can drive the adoption of atmospheric pollutant emission standards in Chinese provinces. Furthermore, the influence of vertical environmental performance targets on the adoption of local atmospheric pollutant emission standards is stronger in Chinese provinces that have adopted more similar standards in the previous period. The results show that top-down performance management shapes the policy adoption processes and policy adoption of Chinese provinces under vertical result-oriented performance target pressure is path-dependent.     

Ideas, Inheritances, and the Dynamics of Budgetary Change

Long the lifeblood of public administration, budgeting in the United States acquired a new importance during the 1980s and 1990s because of the fiscalization of the policy debate. But how much has American national budgeting really changed? This article examines the evolution of federal budgeting over the past half-century, exploring such developments as the massive growth of entitlements, congressional budget reform, and the protracted battle over the budget deficit. It finds that year-to-year changes in budget results have been relatively small even while budgetary rules and procedures have experienced sweeping change. At the same time, the composition of federal spending has undergone a quiet revolution. The traditional concept of budgetary incrementalism offers an incomplete explanation for these dynamics. To make sense of them, the article focuses on two key factors: the impact of policy inheritances, and the role of actors' causal and normative beliefs. These factors shape the ideational and material context within which boundedly rational actors negotiate decisions. The tension between changes in ideas and entrenched budgetary commitments has often served to stimulate institutional reform.     

Presidential priorities,congressional control,and the quality of regulatory analysis: an application to healthcare and homeland security

Elected leaders delegate rulemaking to federal agencies, then seek to influence rulemaking through top-down directives and statutory deadlines. This paper documents an unintended consequence of these control strategies: they reduce regulatory agencies’ ability and incentive to conduct high-quality economic analysis to inform their decisions. Using scoring data that measure the quality of regulatory impact analysis, we find that hastily adopted “interim final” regulations reflecting signature policy priorities of the two most recent presidential administrations were accompanied by significantly lower quality economic analysis. Interim final homeland security regulations adopted during the G.W. Bush administration and interim final regulations implementing the Affordable Care Act in the Obama administration were accompanied by less thorough analysis than other “economically significant” regulations (regulations with benefits, costs, or other economic impacts exceeding $100 million annually). The lower quality analysis apparently stems from the confluence of presidential priorities and very tight statutory deadlines associated with interim final regulations, rather than either factor alone.     

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.     

Regulatory Stringency, Green Production Offsets, and Organizations' Financial Performance

Some scholars have argued that environmental regulatory pressures constrain organizations' financial opportunities, while others maintain that environmental regulations can spur product and technology innovations and encourage greater operational efficiencies. Advocates on both sides have evidence in support of their positions. However, considering both perspectives in tandem and recognizing that other factors may be associated with improved financial performance, we may find that neither position is valid, or that both are. Relying on data for manufacturing facilities in seven countries, this study shows that more stringent environmental policy regimes are related to diminished firm profits. Yet organizations that are motivated by a green production focus—defined as enhancing internal efficiencies and new product and technology development—are more likely to improve their environmental performance. They also demonstrate a greater probability of benefiting financially, thereby offsetting the cost of regulation or accruing a net gain.     

The power of policy networks in authoritarian regimes: Changing environmental policy in China

In this article, I examine how civil society organizations (CSOs) in China created policy networks among government officials to change environmental policies. I contend that these networks work in similar ways to those in democracies, despite the focus in the literature on how policymaking in authoritarian regimes lacks societal participation. China adopted strict regulations to control CSOs by requiring registration with a supervisory agency. However, CSOs exploit the regulations to use the supervisory agency as an access point to policymakers whom they otherwise could not reach. I use case studies to demonstrate how the strategies used to construct policy networks determined their success in changing policy. This finding represents an initial step in theorizing bottom‐up sources of policymaking in authoritarian regimes given that these regimes all create mechanisms for government control over CSOs, have difficulty accessing good information for policymaking from society, and a policy process formally closed to citizen participation.     

The Development of Competitive Industries: The Role of State Government Actors

Despite widespread adoption of Porter's Industrial Cluster Theory as a policy development framework by federal and state governments over the past decade, Australia remains significantly below the OECD average in terms of its industries' economic contributions to real wealth creation ( Brown 2000 ; OECD 1998 ). The major cause cited for this relatively poor performance has been inability of key government officials to implement effective industry policy that simultaneously avoids de facto protectionism and distortion of competition. This article provides an insight into the key policy decisions undertaken by the Tasmanian state government that coincided with development of an internationally successful shipbuilding industry in that state. As such, this article provides a reflection on policy initiatives that may be valuable for government officials elsewhere.     

Continuity,change, and priorities: The quality and use of regulatory analysis across US administrations

This paper compares the quality and use of regulatory analysis accompanying economically significant regulations proposed by US executive branch agencies in 2008, 2009, and 2010. We find that the quality of regulatory analysis is generally low, but varies widely. Budget regulations, which define how the federal government will spend money or collect revenues, have much lower‐quality analysis than other regulations. The Bush administration's “midnight” regulations finalized between Election Day and Inauguration Day, along with other regulations left for the Obama administration to finalize, tended to have lower‐quality analysis. Most differences between the Bush and Obama administrations depend on agencies' policy preferences. More conservative agencies tended to produce better analysis in the Obama administration, and more liberal agencies tended to do so in the Bush administration. This suggests that agencies more central to an administration's policy priorities do not have to produce as good an analysis to get their regulations promulgated.     

FEDERALISM, POLICY, AND INNOVATION IN CORRECTIONS

State governments have historically dominated corrections policy, with little federal intervention. But over the past two decades, the trend has been toward "nationalizing" corrections policy, with less interstate variation and more federal standards, through the Safe Streets Act and other legislation. As federal funding declines, it may be expected that there will be a hiatus in state corrections reform, though national standards may survive if the federal courts continue to require state correctional systems to comply with federal laws previously implemented.     

Coastal Oil Pollution: Spills,Crisis, and Policy Change1

The federal government's adoption of the Oil Pollution Act of 1990 represented a radical statutory departure from past policy. Coastal oil spill control provisions that had languished for decades within the industry-friendly confines of a few select congressional subcommittees suddenly became law. Much popular belief credits the 1989 Exxon Valdez spill crisis for bringing about this radical policy change. Closer examination reveals that postcrisis policy change is much more complex. Crisis events intermingle with other short- and long-term factors that either inhibit or support dramatic change. This study analyzes change within the coastal spill arena over several decades. Particular attention is given to crisis episodes, periods identified with a major catastrophe or a successive series of attention-getting spills over a brief time. Analysis finds that crises can play an instrumental role in eliciting change.     

Revealed preferences of a state bureau: Case of New Mexico's underground storage tank program

Leaking underground storage tanks (USTs) are a pervasive national environmental problem. Cleanup of leaking USTs is largely publicly financed and under the control of state agencies. In the transition to new compliance standards, individual states have taken advantage of provisions in federal regulations to implement their own programs. This raises the policy question of environmental federalism and the appropriate locus of government control. The objectives of this study are to examine the revealed preferences of a state UST bureau. New Mexico was one of the first state programs to use risk assessments in setting funding priorities. We analyze the statistical determinants of funding decisions and find strong evidence that risk information is used. Although our case study provides a measure of support for state control, the argument is strengthened if public financing is limited to the cleanup of historical pollution, rather than a means for providing insurance for prospective pollution. ©1999 by the Association for Public Policy Analysis and Management.     

International sources of environmental policy change in China: the case of genetically modified food

Abstract

China's agricultural biotechnology policy has undergone a profound transformation over the last decade, from a strongly promotional to a more precautionary approach. From the 1980s onwards, China invested heavily in biotechnology development and in the early 1990s emerged as the leading biotech country in the developing world. In the late 1990s, however, it halted the authorization of new genetically modified crops and introduced stringent safety regulations. This paper investigates this policy shift and argues that international factors have played a central role. Two trends, in particular, are identified as key sources of the move towards greater precaution: China's ongoing international socialization, particularly in the context of the international scientific debate on biosafety and the negotiations on a biosafety treaty; and the growing globalization of agriculture and trade, which has exposed China to international competitive forces and trade restrictions in food trade. As the case of genetically modified food in China shows, political integration and economic globalization can work together to promote a strengthening of the domestic environmental policy agenda.     

Racing to the Bottom? Trade,Environmental Governance,and ISO 14001

Globalization critics argue that international trade spurs a race to the bottom among national environmental standards. ISO 14001 is the most widely adopted voluntary environmental regulation which encourages firms to take environmental action beyond what domestic government regulations require. Drawing on a panel study of 108 countries over seven years, we investigate conditions under which trade linkages can encourage ISO 14001 adoption, thereby countering environmental races to the bottom. We find that trade linkages encourage ISO 14001 adoption if countries' major export markets have adopted this voluntary regulation.     

Spillovers of state policy innovations: New York's hazardous waste regulatory initiatives

States are often seen as policy laboratories where innovations are tried that may later be adopted by other states or the federal government. Engendering such experiments may, however, promote spillovers on other states. We analyze several of New York State's policy initiatives from the 1980s that were intended to influence the selection of waste management technologies by hazardous waste generators. Time series analysis of hazardous waste manifest data reveals that constraints on land disposal of certain wastes and a tax on hazardous waste generation and disposal were associated with shifts to lower-risk technologies for waste management. The policies also constrained imports to in-state land disposal facilities and may have led to increased exports for incineration and recycling, thus shifting some of the risks of hazardous waste to other jurisdictions with less stringent regulations or lower taxes on waste generation and management.     

Money and Mandates: The Politics of Intergovernmental Conflict

The federal government's relationship with the states dependsin part on the level of federal aid and the number of federalmandates. Environmental policy, with less federal aid and moremandates, differs from education policy and health policy. Thevolume of intergovernmental litigation is heavier and rhetoricalreferences to intergovernmental partnerships by agency headsare more common in environmental policy. Waivers are more commonin education policy and health policy, but that appears to bea function of congressional policies largely barring environmentalpolicy waivers. Federal judges are more supportive of the federalgovernment's position on environmental protection and educationthan its position on health care. Overall, federal funding andmandates appear to have an impact on state governments, federalbureaucrats, and federal judges.     

Backloading to extinction: Coping with values conflict in the administration of Australia's federal biodiversity offset policy

Policy-makers are frequently required to consider and manage conflicting public values. An example of this in the environmental domain is biodiversity offset policy, which governments worldwide have adopted as a mechanism to balance environmental protection with socio-economic development. However, little work has examined administrative practices underpinning biodiversity offset policy implementation, and how the adoption of coping strategies to manage value conflicts may influence resulting policy outcomes. This study fills this research gap using a case study of Australia's federal biodiversity offset policy under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999. Using data from 13 interviews of federal policy administrators, I show that the introduction of a new policy in 2012 enabled a shift from the use of precedent to a technical approach for setting offset requirements under the EPBC Act. Yet, multiple sources of policy ambiguity remain, and administrators have adopted post-approval condition-setting, or ‘backloading’—a form of cycling, facilitated by structural separation—to defer detailed assessments of offset requirements until after biodiversity losses are approved. Backloading thus undermines the effectiveness of environmental policy and will persist as coping strategy unless policy ambiguity is reduced via legislative amendments and adequate resourcing of biodiversity conservation.

Points for practitioners

• Biodiversity offset policy requires administrators to manage conflicting environmental and socioeconomic values.
• Technical decision tools reduce reliance on case-by-case decision-making, but multiple ambiguities persist.
• Backloading (post-approval condition-setting) defers values conflict, but reduces transparency, accountability, and policy effectiveness.
• Policy ambiguity must be reduced at the political level to facilitate effective biodiversity conservation.

     

Success and Failure in Environment Policy: The Role of Policy Officials

This paper reports on interviews conducted between 2010 and 2013 with senior officials involved in Australian federal environmental policies over the past 30 years. It examines whether they have a prior sense of whether an environment policy is likely to succeed and their experience of the key factors driving environment policy success. Most interviewees claimed a strong prior sense of policy outcomes, but their expression of the key factors indicating success (consultation, clear objectives, a clear mandate, and a strong evidence base) varies from the usual emphases found in the public policy literature. The research illuminates the ways in which the policy officials at times exert a greater role than that suggested by the Westminster conventions or the policy theory literature. Not emphasised in the literature, yet pivotal for success in the vexed space of environmental policy, was the self‐directed yet at times skilful policy ‘agency’ exhibited by officials.     

Drivers of Policy Instrument Selection for Environmental Management by Local Governments

Local governments commonly pursue environmental objectives that exceed state and federal minimum requirements. Although research informs our understanding of factors that lead cities to adopt such policy goals, the underlying mechanisms employed to achieve them are not well understood. This article examines factors that drive the choice of policy instruments that cities use to pursue local environmental objectives. The literature links the structure of the local governing body, characteristics of the community and target populations, and the nature of the policy problem to instrument selection. Building on this, the authors model the dynamics shaping cities' use of regulations, financial incentives, or combination thereof, to pursue a variety of different environmental objectives. Results indicate that community racial composition and political leaning influence instrument choice when policy targets the public at large. Alternatively, when policy targets particular stakeholder groups, such as developers, the characteristics of the local governing body are of greater importance.