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.     

IMPLEMENTING A PROGRAM OF COOPERATIVE FEDERALISM IN SURFACE MINING POLICY

This article outlines the legislative history of the Surface Mining Control and Reclamation Act of 1977 and describes the forces that promoted a federalist arrangement of shared powers and responsibility for implementing the environmental reclamation provisions of the Act. The major components of the Act are reviewed and the Act is examined in terms of its general effectiveness in promoting reclamation as well as its contribution to the practice of American federalism and the capacity of state government to implement complex regulatory programs. The article concludes that SMCRA has had a positive impact in terms of improving state capabilities, expanding public involvement in decision making, and enhancing federal and state cooperation.     

STATE IMPLEMENTATION OF THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977

The implementation of the Surface Mining Control and Reclamation Act (SMCRA) of 1977 in coal producing states is guided by a partial preemption policy approach t h a t establishes a balance between federal and state decision-making authority. The usefulness of this approach is assessed by analyzing state enforcement actions in relation the institutional capacity of states to shoulder regulatory responsibilities and the propensity of the federal Office of Surface Mining (OSM) t o oversee state enforcement actions and, if necessary, to undertake corrective action. Our results indicated that state administration of SMCRA was canstrained by the lack of effective federal oversight but was largely unaffected by interstate differences in political, economic, or administrative characteristics.     

THE STATES AND DEREGULATION: THE CASE OF SURFACE MINING

The Surface Mining Control and Reclamation Act of 1977 (SMCRA), passed to correct the abuses of surface mining, assigned key implementation roles to the states. While the federal government originally enforced SMCRA, states could operate the program themselves. Once states decided to run their own program the federal government would oversee them to insure they properly enforce the Act. This research examines the enforcement behavior of states in the 1980s. The results indicate that early in the Reagan administration eastern states enforced the SMCRA less stringently than other states. Eastern states increased their level of enforcement later in the 1980s in response to pressures for increased federal oversight from Congress, interest groups and others.     

ASSESSING THE IMPACTS OF THE SURFACE MINING CONTROL AND RECLAMATION ACT

Even a dozen years since the passage of the Surface Mining. Control and Reclamation Act (SMCRA) there is little agreement on how well i t has worked. The paper attempts to assess the impacts of SMCRA in six major surface coal producing states. Although i t is not possible to make an unqualified overall national assessment, the evidence presented in the paper indicates that in many (but by no means all) cases, surface coal mining is now carried out in environmentally less destructive ways then before the Act. However, the accomplishments have fallen far short of expectations. The situation in some states has gotten worse than before the Act. Overall, the impact of the Act on the ground has been mixed and has depended on the rigor with which the Act has been implemented in individual coal states.     

From Coercion to Partnership in Federal Partial Preemption: SMCRA, RCRA, and OSH Act

This article examines the experiences of three important partial-preemptionprograms—the Surface Mining Control and Reclamation Actof 1977 (SMCRA), the Occupational Safety and Health Act of 1970(OSH Act), and the Resource Conservation and Recovery Act of1976 (RCRA)—over the last two decades to improve our understandingof how federal-state interactions have shaped the regulatorypartnership. The evidence we gather suggests that the controlof regulatory programs has shifted over time back and forthbetween the federal government and the states. In the initialyears of these programs, what the Congress intended to be aregulatory partnership was, in effect, almost total federalpreemption of state authority. Under the Ronald Reagan administration,the opposite occurred; federal regulation in many cases becamede facto state regulation as federal officials essentially abdicatedtheir oversight responsibility. By the end of the 1980s, thefederal government began again to assert greater control overintergovernmental regulatory programs. The regulatory relationshipthat emerged is one in which the federal government and thestates share responsibility and authority for the implementationof these programs.     

INTERGOVERNMENTAL IMPLEMENTATION MANDATES: A STUDY OF TWO LAND USE REGULATORY POLICIES

This paper examines the implementation mandates and experiences associated with two intergovernmental regulatory policies, one at the federal-state level and the other a t the state-control level. The policies are the Federal Surface Mining Control and Reclamation Act of 1977 and the Florida Growth Management Act of 1985. These experiences suggest that implementation mandates, a t least with respect to intergovernmental regulatory policies, are not as effective as logic and rational argument might dictate.     

SURFACE MINING CONTROL AND RECLAMATION ACT: A UTAH PERSPECTIVE

The authority to regulate the coal industry a t the state level, under state statute and rules, the importance of the coal industry to the state, the importance of an environmentally sound regulatory program, and the benefit of a state-managed abandoned mine reclamation program, in short the ability of the state to manage its own natural resources, make state primacy a necessity, not an option.
Implementation of SMCRA cannot be measured in the myriad of oversight statistics. Effectiveness means cost-effective, timely reclamation of abandoned sites; consistent, workable rules and regulatory practices; responsive program management; and compliance which is internalized in the mine's operations.     

Federal Administration of the Surface Mining Control and Reclamation Act of 1977 in Oklahoma

SMCRA, which established detailed standards for the surfacemining of coal, attempted to balance the need to increase coalproduction with safeguarding the environment. The act was basedon the principle of cooperative federalism. The states wereoffered both positive and negative inducements to assume importantroles in the design and implementation of regulatory programsconsistent with the SMCRA. Oklahomas Department of Mines (DOM)carried out the provisions of the act so poorly that the federalOffice of Surface Mining (OSM) was compelled to take over SMCRAinspection and enforcement. Other provisions of the act wereadministered by DOM, which found itself in a condition of "cohabitation"with OSM from 1984–1987. During that time, DOM becamea stronger, technologically sophisticated agency; OSM gaineda greater appreciation of the difficulties of implementing astate program; the mining industry became reconciled to reclamationcontemporaneous with mining; and there was an increase in citizenparticipation. The return of primacy to Oklahoma may usher ina new federal relationship in surface mining regulation, withmore power shifting to the states as budget pressures reducefunds and the number of employees in OSM.     

FEDERAL-STATE RELATIONS IN THE IMPLEMENTATION OF SURFACE MINING POLICY

The federal Surface Mining Control and Reclamation Act of 1977 not only established national performance standards and permitting procedures for the coal industry, but also provided for stateprimacy. The principle of state primary is both simple and intuitively appealing: Because states do not have adequate resources to develop effective regulatory programs, the federal government would set up comprehensive procedures and criteria to guide the states in preparing their own plans. The obvious advantage of state primacy is that i t provides for flexibility in implementation.
Ultimately, state primacy is an experiment in cooperative federalism, a sharing of authority and responsibility between the states and the federal government to insure both the general welfare and sensitivity to local conditions. The history of surface mining regulation is instructive because i t points out the pitfalls and promise of cooperative federalism as well as the critical role of the courts in making state primacy work.     

THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 IN OKLAHOMA: STATE AND FEDERAL COHABITATION

The enforcement of the SMCRA in Oklahoma has led to improvements and transformations in the coal industry, state and federal regulatory agencies and the public. The catalyst for these changes was the federal takeover of inspection and enforcement of the SMCRA in Oklahoma with the state carrying on all other mining regulatory activities from 1984 through 1987. This pattern of cohabitation differed from that in Tennessee where OSM took over all enforcement of the SMCRA or that in states that enter into cooperative agreements to provide state regulation of coal mining on federal lands within the state. Cohabitation in Oklahoma produced a new, more positive attitude toward cooperative federalism by both federal and state regulatory bodies that might serve as a model for other states with OSM maintaining state agency support for policy objectives while allowing the state reasonable decisional discretion.     

Devolving Regulatory Authority:The Federal and State Response

One of the major legacies of the Reagan administration was its devolution of regulatory authority to the states, particularly in the area of environmental protection. The article descr&es how federal officials at EPA and the OfFce of Surface Mining (Department of the Interior) transferred regulatory responsibility to the states and how state officials initially responded to devolution. In a number of states, regulatory officials clwse to vigorously enforcefederal environmental standards despite the administration's desire for a more relaxed approach to regulation. Haoever, euidence generated by the GAO and others suggest that many of the states lacked the willingness and ability to effectively shoulder their new responsibilities. By the end of the Reagan administration, opposition to devolution had emergedfrom a number of quarters and administration officials were faced with, once again, refashioning the regulatory partnership.     

Green revolution as a planned intervention strategy for agricultural development: A systems perspective

The green revolution was a planned intervention expected to raise cereal-grain production in Third World countries. Use of high yield varieties (HYVs) was to reduce dependence on food imports and bring about food self-sufficiency. Early results were increased overall cereal-grain production, but unforseen and undesirable social and economic consequences. The use of organizational development (OD) analysis of early green revolution results indicates that the initial strategy relied on a “hard” systems analysis to bring about adoption of the high yield varieties. Early green revolution work attempted to induce attitude and behaviour change within existing local and regional institutions. Recognizing the need to ensure distribution of green revolution inputs among subsistence farmers, later strategies used a “soft” systems analysis in developing structural intervention. Largely unable to reform existing government institutions and land-holding patterns which restricted small farmer HYV programme participation, programme managers designed alternative structures to allow the small/subsistence farmer access to HYV inputs.     

The Public Service Mutual: Theories of Motivational Advantage

Public service mutuals are a form of employee‐led organization in which service workers spin out of the public sector to form “mutuals” that contract back with government to provide a service. This article draws on economic and psychological theory to demonstrate that mutuals can align both self‐interested and altruistic or public service motivations so as to serve the social good; moreover, by offering greater autonomy to public service professionals, mutuals are predicted to encourage energetic and persistent behaviors. In both cases, there is an advantage over alternative forms of organization such as the public sector bureaucracy, the shareholder‐owned private firm, or the nonprofit organization. The employee‐led mutual form, however, may not appeal to risk‐averse workers, its collective decision‐making systems may be inefficient, and external mechanisms may be required to ensure that organizational outcomes are always directed toward the social good.     

Some properties of Hare voting with strategic voters

From the perspective of some common criteria for evaluating voting procedures, the results we offer in this essay will almost certainly be interpreted as inditments of STV. Even if we restrict preferences with conditions R1 and R2, STV is not necessarily incentive compatible. Moreover, strategic voting does not ensure the selection of Condorcet winning candidates or of Condorcet outcomes. This fact, moreover is not dependent on the existence of bogus equilibria — outcomes that exclude Condorcet candidates cannot be avoided under all circumstances even if we limit our analysis to strong or to individually stable equilibria.It is not the case, though, that the Condorcet criterion is the unique or even the most important criterion with which to evaluate election procedures. For example, we have not examined the extent to which STV ensures proportionality and we have not compared STV to other procedures. Despite the apparent deficiencies described in this essay, STV may yet prove to be a viable alternative to systems that seek to ensure proportionality by other means.     

Assessing the Impact of Alternative Voting Technologies on Multi-Party Elections: Design Features,Heuristic Processing and Voter Choice

This paper analyzes the influence of alternative voting technologies on electoral outcomes in multi-party systems. Using data from a field experiment conducted during the 2005 legislative election in Argentina, we examine the role of information effects associated with alternative voting devices on the support for the competing parties. We find that differences in the type of information displayed and how it was presented across devices favored some parties to the detriment of others. The impact of voting technologies was found to be larger than in two-party systems, and could lead to changes in election results. We conclude that authorities in countries moving to adopt new voting systems should carefully take the potential partisan advantages induced by different technologies into account when evaluating their implementation.     

Budgetary Consequences of Selling Federal Power Assets

This article reports on an analysis of the long-term budgetary effects of selling federal power programs at market value. The analysis looks at changes in future budgetary receipts and costs for power operations and at changes in future federal taxes as a result of new ownership. Under current rate-setting policy, federal agencies must generate a future operating surplus (and hence, budgetary income) worth about $46 billion in today's dollars to repay past capital investments. With optimistic assumptions about rising power rates, market values for all federal power assets (including the power-generation assets of the Bureau of Reclamation and the Corps of Engineers) could be as high as $62 billion. In that case, their sale would produce long-term budgetary savings of about $16 billion, in today's dollars. The analysis also notes that budgetary savings are not a measure of the gains in economic efficiency from privatization. Such considerations as efficiency or fairness to particular groups will be important in any debate about the future of federal power programs.     

Skunks in an English Woodland: Should England Embrace For‐Profit Higher Education?

The British government is encouraging the growth of for‐profit alternative providers of higher education (HE). While it is true that for‐profits have opened HE access to previously under‐served groups and have been more agile in reacting to market demand, they have done so at a considerable cost to students and the taxpayer because they do not share in the cost of the failure of HE to ensure a payoff for many of their students. The US experience with for‐profits should be a cautionary tale for those supporting their expansion in Britain. Policy is needed to craft a regulatory framework that produces the benefits that for‐profits can provide, but minimises the costs that often accompany them. At present, it is far from clear that expanding alternative providers—that is, for‐profits—would ‘work better’ for students.     

Engineering the expansion of higher education: High skills,advanced manufacturing,and the knowledge economy

The article develops a framework to explain an empirical observation that runs counter received wisdom in comparative political economy, namely the co-existence of large higher education systems and thriving manufacturing sectors in advanced capitalist countries. Introducing the concept of skill breadth, the article hypothesizes that: (i) advanced manufacturing firms have narrow skill needs concentrated around STEM skills; (ii) these skills are likely to be under-supplied by the higher education system unless dedicated public policies are put in place; and (iii) governments intervene in higher education policy to ensure the availability of those skills that are crucial for firms located in key sectors of national knowledge economies. Cross-country survey data of employer preferences for higher education graduates and case studies of recent higher education policy change in Germany and South Korea provide strong support for the argument. The article advances our overall understanding of skill formation systems in the knowledge economy and testifies to the persistent presence of policy levers that governments can employ to manage the economy and to support domestic firms.     

Domestic and International Satellite Regulatory Procedures: Paths to Progress or Insurmountable Obstacles?

The complex regulatory processes associated with satellite spectrum allocation and orbital resource utilization are described. In particular, the International Telecommunication Union's satellite network registration and coordination procedures are used to obtain international recognition and protection for satellite network operations, and domestic frequency allocation and licensing procedures are used to assign rights to utilize spectrum and orbital resources to individual satellite operators. Recent developments on the domestic and international level are aimed at streamlining these processes. However, more needs to be done, particularly with respect to enforcement of existing satellite network implementation requirements to ensure that current satellite regulatory procedures effectively facilitate access to spectrum and orbital resources.