Low-Level Radioactive Waste Management: Environmental Policy, Federalism, and New York

This article examines state efforts to implement the Low-LevelRadioactive Waste Policy Act of 1960 and its 1985 amendments,and the significance of New York v. United States et al. forlow-level waste (LLW) facility siting. Interstate compactingunder the act has been successful for compact regions encompassingpreviously operating disposal facilities, but elsewhere theprocess is in gridlock. The principal cause of siting failuresis the NIMBY phenomenon, which obstructed new facility identificationand siting. Little reason is found for optimism in surmountingNIMBY opposition. The New York decision, which voided a take-titleprovision from the LLW Policy Act while retaining other statesiting incentives, could negatively affect LLW policy implementationby weakening the critical set of policy hammers. The prognosisis more positive for federalism. Although the Court eschewedan opportunity to revisit Garcia in its narrowly tailored decision,it did revive its role as federal umpire in a case involvingthe constitutional division of authority between the federalgovernment and the states.     

The New Enclosures: London,New York City,Philadelphia, and the Transformation of Public Space

ABSTRACT

In recent years, social movements have taken to the streets to protest various forms of economic and racial injustice. However, these attempts to exploit the political opportunities public spaces afford have been compromised by the increasingly private nature of “public” spaces. What has changed is the rise of privately owned public spaces (POPS), areas that appear to be public, but in fact are owned by corporations that prohibit a range of activities, including political protest. This article argues such restrictions of public space are not limited to POPS. Rather, they are just one expression of a far more pervasive phenomenon, novel variations on centuries-old practices by which common or public land has been enclosed. I suggest that four forms of enclosure -for profit, of behavior, of community, and of the public realm- degrade the status of public institutions and insulate private interests from counter-mobilization by groups pursuing egalitarian ends.     

Closing institutions in New York State: implementation and management lessons.

This article examines the lessons learned about implementation and management from the closing of six large institutions for people with mental retardation in New York State. Unanticipated problems occurred, despite special attention to implementation issues in policy design and demonstrated management capacity in similar circumstances. A study of the closure experience showed that subtle but important changes in policy as well as changes in the context of implementation confounded the reasonable expectations of success that policymakers, managers, and analysts would normally have under these circumstances. A closer look, however, suggests that this experience should not be surprising. A more appropriate understanding of the role of policy, policymakers, and managers in implementation suggests that the burden falls heavily on middle managers, and that policy management capacity and an intergovernmental management perspective are crucial to implementation success. Moreover, this experience suggests that a broader definition of success that encompasses this normal turbulence of implementation provides a better appreciation of the requirements of implementation.     

New Federalism Modified: Jobs and Highways in New York

The Job Training Partnership Act of 1982 (JTPA) and the SurfaceTransportation Assistance Act of 1983 (STAA) were intended inpart to stimulate the American economy out of recession. Eachlaw embodied a different approach to that goal and, hence, poseddifferent implementation challenges to the states. JTPA wasintended to decentralize decisionmakingand administration tothe states, and to in volve the private sector in state andlocal decisionmaking processes. Moreover,the level of federalaid was reduced below that available under its predecessor,the Comprehensive Employment and Training Act (CETA). STAA wasintended to inject increased federal funds for rebuilding roadsand highways. Its stipulation that states bring their standardsfor truck dimensions and routes into line with new nationalstandards was a centralizing feature of the legislation. Inexamining responses of the states in 1983 to these laws, particularlyNew York, decentralization appeared to be on track in the earlyimplementation of JTPA. The level of involvement of governorsand, to a lesser extent, legislatures was higher than underCETA. The implementation of STAA revealed both decentralizingand centralizing features at work. Participation of the NewYork legislature in deciding how the increased highway fundswere to be spent was much higher than before STAA, but conflictsbetween the national and state governments over the new nationalstandards were resolved in favor of the national government.