All Hazardous Waste Politics is Local: Grass-roots Advocacy and Public Participation in siting and Cleanup Decisions

The combined effects of federalism and interest group pluralism pose particularly difficult problems for hazardous waste siting and cleanup decisions. Most national environmental groups have only limited involvement in local hazardous waste politics, while local grass-roots advocates have very different interests and sometimes are pitted against one another. Both the Environmental Protection Agency and the Department of Energy recently have begun to use site-specific citizen advisory boards at cleanup sites. This approach appears to improve communications at some sites, but does not address the issues of "not in my back yard" politics and alleged inequitable exposure to hazardous wastes.     

Competitive federalism and workers’ compensation: do states race to the bottom?

This article builds on the competitive federalism literature by examining the role federalism plays in determining policy trajectories with consequences for public welfare in individual jurisdictions. It examines the argument that federalism encourages a ‘race to the bottom’ using the case of workers’ compensation benefits for injured workers in Australia. It finds state systems have been characterised by a downward slide in the protections afforded injured workers since the late 1970s, and this has been associated with policy makers’ real or rhetorical concerns around interstate competition for business investment.     

Coming Through a City Near You: The Transport of Hazardous Wastes

Current figures (compiled in 1995) indicate that hazardous waste transporters (19,567 in number) ship approximately 16 million tons of hazardous waste annually in the United States (United States Environmental Protection Agency, 1995). While some state and local governments have enacted hazardous waste transport regulations for the protection of their citizens, the federal government has had primacy in initiating and setting the course of hazardous waste transport regulation. As a result, the predominant perspective on hazardous waste transport has been technical in orientation. This paper identifies and discusses how this technical perspective and the social perspective differ and what the consequences are for government policies and actions regarding hazardous waste transport.     

The Implications of Immigration Federalism for Non-citizens’ Rights and Immigration Opportunities: Canada and Australia Compared

This article explores the development of immigration federalism in Australia and Canada (expressed through the establishment of state/provincial/territorial immigrant selection programs) and its implications for immigrants’ rights and immigration opportunities. Given the very limited scholarship on the issue, and the lack of previous comparative studies on immigration federalism in Australia and Canada, our research is exploratory by nature. Our finding is that provincial/state/territorial programs offer some advantages to prospective applicants (such as increased immigration opportunities), but, at the same time, raise a number of concerns (such as an increased dependence on employers). As our study reveals, the costs and benefits of immigration opportunities under state/provincial/territorial programs differ for skilled and low-skilled workers, whereby the latter are given only limited access to permanent residence, and on more onerous conditions than skilled workers. Drawing on these findings, we identify areas in need of further research and policy response.     

Regulatory Federalism and Environmental Protection in the United States

In this paper we address two aspects of regulatory federalism in U.S. environmental policy. First, we suggest that environmental quality in U.S. states responds positively to increases in income. Second, we provide evidence that environmental quality did not decline when President Reagan's policy of new federalism returned responsibility for many environmental regulations to the states. Thus, state environmental quality appears to reflect more than just the dictates of federal policy. Additionally, we find that a "race to the bottom" in environmental quality did not materialize in the 1980s.     

Voluntary Approaches to Environmental Problems: Exploring the Rise of Nontraditional Public Policy

Government reliance on voluntary programs represents a significant shift in public policy: moving from command and control regulations to market based mechanisms. This article explores the determinants of Voluntary Remediation Programs (VRPs) in the American States. During the 1980s and 1990s, 44 states adopted VRPs to facilitate remediation of existing hazardous waste sites. Relying on diffusion of innovation theory, I develop a model of state policy adoption that explores the influence of internal state political and economic factors, as well as testing the influence of regional and top‐down diffusion forces. I utilize a discrete‐time event history approach to test this model. The results indicate that state policymaking is responsive to interest group pressure and the pace of cleanup at hazardous waste sites. Additionally, state policymaking is consistently influenced by the actions of surrounding state governments; the probability of adopting a voluntary program increases if surrounding states have already developed these policies.     

Bureaucratic Leverage over Policy Choice: Explaining the Dynamics of State-Level Reforms in Telecommunications Regulation

While state governments have enjoyed greater control over regulating local telephone service providers since 1984, movement toward efficiency-based policy reform (e.g., adoption of competitive markets) has proceeded slowly. We investigate this pattern by addressing how the degree of policy discretion held by state public utility commissions (PUCs) affects reform of local telephone exchange regulation. Using precise measures of both PUC discretion and state policy changes over time, we find that states with "stronger" PUCs (more policymaking authority) are significantly more likely to move toward efficiency-based policy regimes and away from traditional rate-of-return regimes. Greater PUC discretion systematically related to state adoption of efficiency-based reforms over time suggests that regulators are using updated information about policy impacts to inform their policymaking activities. Our findings contradict a common presumption that regulatory bureaucracies are simply motivated by a desire to increase their control over policymaking. Instead, state PUCs are a key source of telecommunications policy reform in the states.     

Policy Influence and Policy Responsiveness in State Pollution Control

This article develops an integrated theory of state policy influence and responsiveness, then operationalizes this theory to account for variations in the strength and scope of state water pollution control and hazardous waste management programs. The analysis finds that economic, ideological, interest group, and political system characteristics act in concert to affect state policymaking, and that the influences behind policymaking vary systematically and predictably across policy areas within environmental protection.     

Intrastate federalism in Australia

The article applies a distinction often used in the study of Canadian federalism—intra‐versus interstate federalism—to the Australian federal system. The intrastate federalism model focuses on the representation of state, regional and local interests directly within central government institutions. On the surface the model appears to have little applicability to Australia. However, the examination of selected Commonwealth institutions and arenas, primarily the cabinet and party system, indicates that intrastate practices may in fact be much more pronounced in Australia than what is generally supposed. There are networks of influence at work outside the confines of standard intergovernmental arenas, networks that at times can be used to advantage by state governments or by state or local interests, at other times by the Commonwealth to enhance centralised control or even to undermine the status of state governments as legitimate actors within the Australian federal system.     

Partisan Probing and Democratic Decisionmaking Rethinking the Nimby Syndrome

In this paper, I focus on Minnesota's unsuccessful attempt to site a hazardous waste stabilization and containment facility, but argue that this should not be seen as another siting failure due to irrational and self-interested citizens who subverted a well-conceived and essential disposal facility, Through a detailed comparison of citizen and elite claims about the facility, I show that many of the sources of disagreement between citizens and siting officials involve value trade-offs rather than technical issues, and contend that state officials' views on these matters should not take precedence. Through "partisan probing," citizens actually contribute to effective policymaking rather than detract from it.     

The Low-Level Radioactive Waste Siting Process in Connecticut

The national policy to manage low-level radioactive waste (LLRW) from commercial nuclear power plants and other generators appears to be at a standstill with regard to siting new LLRW disposal facilities in the states. Regional compacts have been established and host stales designated in most compacts, but the NIMBY problem has proved insurmountable. Connecticut has been added to the growing list of states that have experienced siting setbacks and failures. This case study describes and analyzes the Connecticut experience. We show that siting was derailed by a technical-rationality approach that ignored the political dimensions of siting until it was too late, and by the consequent and powerful NIMBY reaction that ensued. We consider the national LLRW policy dimensions of siting failures and suggest possible policy alternatives for siting LLRW disposal facilities.     

Recognition or imposition? Federalism,national minorities,and the Supreme Court of Canada†

ABSTRACT. This paper makes two main arguments. First, federalism in Canada, properly conceived, is a system which evolves as a result of struggles over the norms of mutual recognition between territorially based groups. Second, if federalism is to work as a way of accommodating national minorities, the role of the judiciary in adjudicating this relationship must be taken into account, because it plays an integral role in the continuing contestation of the arrangement. I begin with the ‘problem’ of national minorities in the nation‐state system and why federalism is espoused as a solution for alleviating tensions, focusing on Canada. I then turn to review the relevant jurisprudence of the Supreme Court of Canada (SCC) in adjudicating the federal arrangement. Finally, considering this jurisprudence, I reflect on why it is important to account for the role of the Court when promoting federalism to accommodate national minorities. I go on to argue that a dialogical approach to federalism, as opposed to a monological one, is best suited to do this.     

LOCAL LAND POLICY OVERRIDES: WHEN ARE THEY APPROPRIATE?

The state has the power both to enable local communities to regulate land usage, as well as to override local jurisdictions' zoning policies. In Massachusetts, two pieces of legislation have empowered the state to override local land use control for the purpose of constructing two types of facilities: low and moderte income housing and hazardous waste treatment facilities. Both initiatives have stimulated considerable debate and controversy. This paper provides a framework or “test” for understanding the relative appropriateness of state overrides in general. In addition, the two Massachusetts case are discussed and analyzed according to these criteria.     

The state comes home: Radiation and in-situ dispossession in Canada

In 1975 it was discovered that the small Ontario community of Port Hope was widely contaminated with radioactive waste from the local uranium refinery, including hundreds of homes. Through close analysis of state archives, regulatory documents, media, and key informant interviews, I analyze how the radioactive contamination of the home constitutes an in-situ dispossession, a material, corporeal and psychosocial dislocation in everyday life. In so doing, I reveal discrepancies between internal state positions and those publically conveyed, while showing how the categories of normal and abnormal are malleable social constructs and geopolitical tools of state power. By investigating the contamination of Port Hope through the lens of everyday life, I aim to add to critical geographies of home while contributing to scholarship demonstrating the multi-scalar interconnectedness of body, home, and nation-state.     

Controversial Cleanup: Superfund and the Implementation of U.S. Hazardous Waste Policy

While there is widespread public and political support for cleaning up the nation's hazardous waste sites, Superfund has been fraught with dissension and controversy since its inception. Some criticisms of the program focus on deriding an all-too-expensive program run amuck with litigation and federal heavy-handedness. Other critics complain of an inefficient and ineffective program that has made painfully slow and inconsistent progress. Detractors do not disagree with the fundamental goal of the program—cleaning up hazardous waste sites. Rather, they focus on the fairness of Superfund's liability provisions and the Environmental Protection Agency's record of cleanup competency. This paper discusses these major issues at the core of the controversy over Superfund. The policy implications of Superfund program reform efforts and the ramifications for future hazardous waste policy are considered.     

The Politics of Environmental Risk: Perceptions of Risk Assessment in the State Legislatures

As state governments increasingly turn to the process of quantitative risk assessment to set environmental policy, the question of what state lawmakers know and believe about risk and the risk assessment process has become critical. The perceptions of state legislators may affect their decisions about a wide range of environmental conflicts, from funding water treatment facilities to siting hazardous waste incinerators. This article reports the results of a nationwide survey of state legislators and their staff that explored their intuitive understanding of environmental risk and risk assessment. The survey revealed strong support for the use of risk assessment by most state lawmakers, but significant differences, by gender and political affiliation, in perceptions of the risks from chemicals, the value of risk assessment for setting environmental policies, and the environmental risks faced by racial minorities.     

Intergovernmental managerialism: Appropriating the universities

A number of recent writings from federalist scholars have been critical of the coordinate approach to Australian federalism adopted by Commonwealth and state authorities since the Special Premiers’ Conference of 1990. The likely outcome of a coordinate rather than concurrent stance, they suggest, is dominance by one government in a policy sphere and the attenuation of many of the positive and creative elements offered by a federal structure. This article involves a case study of higher education which supports the concerns of the federalists. It is argued that since the introduction of a coordinate framework in 1987–88, buttressed by managerialist principles, the Commonwealth has succeeded in gaining almost complete control over a policy arena that was previously shared with the states. One consequence of this outcome has been a deterioration in the quality of policy formulation and implementation.     

Both Too Much and Too Little: Sources of Federal Instability in Canada

Federalism is often praised for being able to accommodate diversity within the confines of a single state while preventing secession. Federalism, however, is fraught with tensions and instability. Federalism is typically adopted as a second-best alternative among actors whose first choice is either a more centralized state or a more decentralized state. These preferences persist over time. Instability in federation, then, comes from federal partners pushing in opposite directions at the same time. From this dynamic comes the much-examined propensity for secessionism to develop within federations. Largely unexamined in the literature on federalism, but equally problematic from the standpoint of stability, is the equal and opposite risk of consolidation (or centralization). This article examines sources of federal instability by exploring the origins and evolution of federalism. I use examples from Canada to demonstrate the extent to which my argument is applicable to real world federations. In conducting the exploration, we come to understand how federations can be both unstable and durable.     

Hazardous Waste Site Cleanup and Neighborhood Redevelopment: An Opportunity to Address Multiple Socially Desirable Goals

The United States' hazardous waste site remediation programs are being challenged for lacking cost-effectiveness. We argue that these expensive programs will be more cost-effective and viable politically if economic and social analyses are included explicitly in risk analyses. Using data from surveys of people living within one-half-mile of seven hazardous waste sites, we show that some neighborhoods offer the opportunity for joint site remediation and neighborhood redevelopment programs. Mechanisms are suggested that would permit the United States Environmental Protection Agency to implement neighborhood environmental and redevelopment programs.     

Geographic and Historical Observations on the Future of a Federal Russia

A paper assessing prospects for the future of federalism in Russia investigates geographic and other factors that historically have either promoted or inhibited the unity of the Russian state. Among the major factors complicating the process of forging a new federal relationship among Russia's central government, republics, and oblast-level units, the paper focuses on the question of the Russian state's legitimacy, the only partial character of democratization, limited experience with constitutional federalism, and contradictions between individual and ethnic rights. 2 tables, 19 references.