Lessons Learned from Two Decades of Alternative Dispute Resolution Programs and Processes at the U.S. Environmental Protection Agency

Mediation, facilitation, and other alternative dispute resolution (ADR) techniques are being used in federal agencies, state and local governments, private-sector organizations, and among private citizens in an effort to prevent and resolve disputes in a timely, cost-effective, and less adversarial manner. The U.S. Environmental Protection Agency (EPA), one of the pioneers in the application of ADR processes and techniques to public policy disputes, recently announced that it plans to in-crease the use of ADR techniques and practices across all agency programs. This article reports the results of a four-part evaluation of the use of ADR in enforcement actions at the EPA during the last two decades. Funded by the Hewlett Foundation, this effort utilized in-depth telephone interviews, government statistics, and archival records. The four groups interviewed were EPA's alternative dispute resolution specialists, potentially responsible parties (defendants) to EPA enforcement lawsuits, mediators and facilitators to EPA cases, and agency enforcement attorneys who had participated in agency enforcement ADR processes. Concluding that there are generally high levels of satisfaction with the EPA's enforcement ADR program, this article examines the sources of obstacles and assistance to ADR efforts at the EPA, suggests ways in which the EPA might improve its ADR programs, and draws lessons from the EPA's experiences that may be helpful to other public programs or organizations.     

Primacy Implementation of Environmental Policy in the U.S. States

Environmental regulation is frequently implemented through asystem that allows states to choose whether to assume primaryauthority, or "primacy," for implementation and enforcement.This study looks at what causes states to assume this authorityin two important areas of environmental policy: air and waterpollution. It finds that in each policy area, primacy assumptionis unrelated to the "greenness" of state environmental policygenerally and negatively related to indicators of policy innovationwithin that area. Rather than being driven by commitment tothe environment, primacy assumption appears to be driven predominatelyby other factors, which differ substantially across the airand water policy arenas. These findings call into question thewidely held view that primacy assumption is an indicator ofstate environmentalism and indicate that a more nuanced viewof what causes states to assume primacy is necessary to fullyunderstand the dynamics of intergovernmental policy implementation.     

Frames of Influence: U.S. Environmental Rulemaking Case Studies

The purpose of this article was to question whether interest group actions during the pre‐proposal stage of U.S. federal rulemaking influences the language proposed in natural resource agency rules. The influence of interest groups during this stage was examined across three case studies: (1) the United States Fish and Wildlife Service (USFWS) critical habitat designation for Nebraska's Salt Creek tiger beetle, (2) the USFWS critical habitat designation for the Utah/Arizona Shivwits and Holmgren milk vetch, and (3) the USFWS delisting of the Northern Rocky Mountain gray wolf population from the endangered species list. To analyze these three cases, a frame analysis approach is used and offers evidence to support the proposition that the instructive, expertise, and fiscal feasibility frames that stakeholders used during the pre‐proposal stage can shape the language of a Notice of Proposed Rulemaking. These cases suggest the rich potential for careful study of the earliest stages in the regulatory and administrative rulemaking process in the United States and beyond.     

Peace and Conflict: Alternative Strategies of Governance and Conflict Resolution

This article examines the present discourse of conflict resolution and offers an alternative framework for analyzing the generic sources of conflict at the community, state, and interstate levels. In particular, we argue that although peace is a universal value, there are no universally best strategies to achieve it. This, however, does not mean that the path to peace is fundamentally different in every context. We claim that stable democratic political structures in general lead to peace both in the international and the domestic realms. As such, democratization does lead to peace, but the paths to stable democracy are context sensitive. Therefore, the success of efforts aimed at creating long-term peace, both among and within nations, depends on the extent to which, democratization incorporates the norms and values of the societies in question. The article begins with a brief overview of some of the problems associated with defining peace. We suggest that peace should be looked at as a universal value, as democracy has been in the recent past. We provide a more detailed theoretical assessment of the linkage between democracy and peace. Our general argument is illustrated in the South Asian, specifically the Indian, context.     

U.S.-China Space Cooperation: Balancing Act between the U.S. Congress and President

There are a growing number of U.S. space scientists and managers calling for reinitiating cooperation with China in space. It is well-known that investigations of the U.S. Congress into various allegations involving China have resulted in a series of laws curtailing space cooperation between these two countries. By surveying the concurrent political developments within the United States in the 1980s and 1990s, this article attempts to reveal the domestic compulsions that propelled changes in the U.S. space policy towards China. The fundamental impetus is the power struggle and differences between the U.S. president and Congress in their perception of U.S. economic interests and national security in the context of space technology that strained these relations. Recent U.S. presidents who inherited this situation added to the discourse based on their own perceptions about outer space and China. These perceptions either found congruence with the policy of the U.S. Congress or led to finding ways to circumvent its legal restrictions. Based on these developments, it is concluded that the view of the U.S. president has alternated between necessary, desirable, and objectionable on the issue of U.S.-China space cooperation, and the U.S. Congress has thus shifted from supporting to restricting and then legally banning cooperation.     

The impact of the U.S. war on terrorism upon U.S.-China relations

Using a framework of geopolitical analysis. Oliver Lee argues that the fundamental geopolitical relationships between the United States and China, namely the relationship between the world’s strongest naval and air power and the world’s strongest land power, would not be upset even after the American military presence in central Asia since September 11, 2001. The relationship would remain essentially unaltered because — American initiation of the use of nuclear weapons against China being ruled out for fear of Chinese retaliation — China would be able to withstand any U.S. military offensive conducted with conventional land, sea, and air forces, regardless of whether the U.S. possesses permanent air bases in Central Asia or not, and regardless of how many troops it may station on them. His teaching and research interests include domestic and foreign policies of China and power in America and U.S. foreign policy.     

The 2000 E-Campaign for U.S. Senate

Abstract

The 2000 election saw another increase in the number of Web sites produced by candidates for the U.S. Senate, to over 90% for the major party candidates and nearly 60% for third-party candidates. A content analysis of these campaign Web sites finds an increase in design elements that advance campaign purposes, such as online and credit card contributions. At the same time, few features or services were directed to the mass electorate. The absence of voter registration information and privacy policies from the large majority of Web sites is particularly striking. Sites often lacked basic navigation tools, making it difficult to find desired information. They also took little advantage of the interactivity that makes Web sites such a powerful communication and marketing tool. Third-party candidate Web sites lagged behind those of Democrats and Republicans in most respects, with the notable exceptions of mentioning their party names and the candidates at the tops of their tickets. The study concludes that campaign Web sites have not leveled the playing field for third parties, nor become a vehicle for increasing voter education and activation of the mass electorate. Neither are these Web sites employing a relationship     

Signed but Not Ratified: Limits to U.S. Participation in International Environmental Agreements

Why does the United States sign environmental treaties but not ratify them? U.S. presidents have negotiated and signed several environmental treaties that ultimately could not obtain Senate ratification. This article considers two alternative explanations. First, presidents may face divided government and upcoming elections; elections can increase uncertainty regarding ratification, because they upset majorities and change congressional preferences on issues. Such factors may have caused “involuntary” defection from international environmental cooperation. Second, compensation and compromise on enabling legislation could satisfy enough senators and their constituents to allow the legislation's passage. Failure to secure ratification may be a result of the president's overestimating the potential for negotiating a policy package capable of creating sufficient support to obtain Senate ratification. I compare domestic constraints on U.S. participation in three international environmental negotiations—climate change, biodiversity, and chemicals—to assess the alternative explanations. The cases exemplify how domestic institutions affect international environmental cooperation.     

Lobbying and the 2006 U.S. midterm elections

• Lobbyists are inextricably intertwined with the electoral process in the United States, but rarely have they ever featured so prominently in an election year as in 2006. The midterm elections came at the end of a year in which the political news was often dominated by stories of lobbying scandal, most notably that involving Jack Abramoff. Lobbying was an important issue in many peoples' voting decisions, and moreover one of the immediate outcomes of the election was a raft of lobbying reform measures both in Congress and in the individual states. As one commentator put it: ‘For lobbyists, 2006 rolled by like a late‐night B movie where the earthquake wipes out the villagers who refused to heed the warning signs’ (Divis, 2006 ). This article reviews some of the most substantial lobbying scandals which emerged during 2006, considers how lobbying and lobbyists fared during the election campaigns, and analyses the various reforms which have recently been considered and implemented, before briefly examining how lobbyists will impact upon the 2008 election races.

Copyright © 2007 John Wiley & Sons, Ltd.     

U.S. Intransigence and the Climate Change Reality

This essay is a response to the U.S. decision to withdraw from the Paris Agreement and a rejoinder to Donald Trump’s allegations against India and China. It argues that U.S. intransigence poses a serious threat to the multilateral efforts to redress the climate change crisis.     

Federalism and U.S. Water Policy: Lessons for the Twenty-First Century

This article traces five historical streams of water policyin the United States, revealing the strain and stresses of intergovernmentalrelations pertaining to water resource management. It findsthat water policy is increasingly characterized by pragmaticfederalism emphasizing collaborative partnerships, adaptablemanagement strategies, and problem and process orientation.The evolving nature of federal-state relations, characterizedby expanding federal authorities and increased state capacity,coupled with a rise of local watershed groups and greater ecologicalconcern, calls for improved coordination. Yet challenges resultingfrom policy fragmentation and ecosystem complexity remain. Continuedcalls for greater integration will likely be heard as federal-staterelations continue to evolve.