Their Views Matter: Frontline Regulators' Perceptions of the Regulated Community in Ohio

Frontline regulators are largely responsible for the implementation and ongoing compliance with environmental laws. Yet, as with other frontline worker populations, environmental regulators are routinely overlooked. Existing acknowledgment of these regulators typically only extends to the regulatory enforcement strategy their agency employs. Missing in these conversations is a focused study on regulators themselves and their perceptions of the regulated community that they interact with daily. Understanding these perceptions will provide insights into how regulators approach their interactions and how they ensure regulatory compliance. This research reports on one‐on‐one interviews and a statewide survey of Ohio Environmental Protection Agency frontline regulators and their perceptions of the regulated community. Findings from this survey reveal generally positive perceptions of the regulated community in Ohio and experiences with them. These findings call attention to a neglected population and emphasize the importance of regulators' perceptions in their regulatory approach.     

Blockchain in the EU: Transforming imaginaries and the social making of fnancial regulation

Based on local and online ethnographic research, this article explores how blockchain projects and financial supervisors navigate transforming technological dispositions and interact in constructing regulatory frameworks. While there is a straightforward replacement of revolutionary blockchain narratives with regulatory compliance ones, there is also degree of codependency between regulators and market actors in regulatory negotiation.     

Political Commitment,Policy Ambiguity,and Corporate Environmental Practices

A lack of clear political commitment together with confusing rules and enforcement often characterize the institutional context of policy implementation and regulatory compliance in developing countries. By connecting such contextual features to existing models of policy implementation and regulatory compliance, we examine how regulatory factors are related to basic and proactive corporate environmental management practices in the Pearl River Delta region in China. Drawing on data derived from both a survey and in‐depth interviews, we show that a perception of clear political commitment to environmental protection across multiple government levels and units is positively associated with business efforts in basic environmental practices, regardless of the specific enforcement intensity. Nevertheless, a perception of clear political commitment is not related to proactive environmental practices. Conversely, a perception of policy ambiguity, in the form of confusing regulatory standards and enforcement, is negatively associated with corporate efforts in both basic and proactive environmental practices; yet, intensive inspections mitigate these negative associations with policy ambiguity.     

Strategic Planning in Transition: Contested Rationalities and Spatial Logics in Twenty-First Century Danish Planning Experiments

In this article, we analyse how contested transitions in planning rationalities and spatial logics have shaped the processes and outputs of recent episodes of Danish “strategic spatial planning”. The practice of “strategic spatial planning” in Denmark has undergone a concerted reorientation in the recent years as a consequence of an emerging neoliberal agenda promoting a growth-oriented planning approach emphasizing a new spatial logic of growth centres in the major cities and urban regions. The analysis, of the three planning episodes, at different subnational scales, highlights how this new style of “strategic spatial planning” with its associated spatial logics is continuously challenged by a persistent regulatory, top-down rationality of “strategic spatial planning”, rooted in spatial Keynesianism, which has long characterized the Danish approach. The findings reveal the emergence of a particularly Danish approach, retaining strong regulatory aspects. However this approach does not sit easily within the current neoliberal political climate, raising concerns of an emerging crisis of “strategic spatial planning”.     

旅游区与城市控制性详细规划比较研究

目前实践中我国旅游区控规较多地套用城市控规的标准,导致问题层出不穷。因此指导旅游区控规的规范和标准亟待完善。本文首先对旅游区和城市控规进行了比较研究,分析出旅游区控规相对于城市控规的独特性,指出旅游区控规不能照搬照抄城市控规标准。同时又综合考虑规划管理、资源开发和环境保护三者之间的关系,创造性地构建了适合一般旅游区控制性详细规划的控制体系图。最后,针对旅游区与城市控规控制体系图之间的主要指标差异,进行更深入地比较研究,试图引起国内规划专家及学者的关注和讨论,以进一步规范和促进我国旅游区控规理论有时间的科学与健康发展。     

Regulating the global illicit economy: Singapore's role in United States' spatial financial surveillance

Illicit transactions are increasingly integrated to legitimate financial flows between international financial centers (IFCs) and offshore jurisdictions (OJs). The United States (US) is actively engaged in regulating illicit transactions through anti-money laundering and counter-terrorist financing (AML/CFT) regulations backed by economic sanctions statutes. In this paper, I show how US sanctions regulatory capacity has developed by scaling out compliance and enforcement functions to state regulators and advanced business services (ABS) intermediaries in Singapore. Scaling out draws on a relational scale framework that locates the multiscalar surveillance of IFCs and OJs' entangled financial networks as an instrument for governing the illicit global economy. At the same time, Singapore's enrolment in US financial surveillance benefits the financial center by strengthening the city-state's regulatory functions. Using cases of high-profile illicit financial activities as well as interviews with regulatory agents in Singapore and to a lesser extent the US, the paper shows how multiscalar compliance and enforcement practices support US′ extra-jurisdictional discipline of rogue actors and jurisdictions while augmenting Singapore's stature as a clean and trusted financial center.     

Regulatory Alchemy: How the Water Cycle Becomes Capital in the California Desert

A proposed project will take water from an aquifer in the California desert to the coast. Lacking final approvals more than 30 years after it started, the project remains a plan despite sizeable opposition. What is its secret? In this paper, I examine the imaginaries of the underground aquifer underneath the lands of Cadiz Inc, the project proponent. While local theories insist the company is at the centre of a Chinatown conspiracy, I argue that the company stays alive through regulatory alchemy, a term that reveals the magic at the heart of scientific and regulatory approval processes. I examine narratives of the aquifer in environmental compliance and financial reporting in order to reveal how regulatory processes become the conditions of profit-making, building on debates in critical legal geography and political ecology.     

Establishing a Market-orientated Urban Planning System after State Socialism: The Case of Tallinn

The article examines the development of the urban planning system in Tallinn from 1991, when Estonia re-established its independence from the Soviet Union, until 2004. The planning laws and planning documents are analysed from the point of view of what kind of tools they provide for the public authority to intervene in urban development. It is argued that a liberal ad hoc urban planning that was established in the early 1990s is currently gradually being replaced by a more regulatory system where the rights of landowners are increasingly yet not always comprehensively defined in advance. Nonetheless, despite the recent revival of planning, the market still primarily dictates Tallinn's urban development.     

Development plans: New approaches to making frameworks for land use regulation

This paper explores approaches to managing environmental change in urban regions, particularly with respect to land use and property development. Specifically, it examines the role and forms of development plans, as frameworks within regulatory regimes for managing development. It emphasizes the importance of the ideology and discourses underlying conceptions of plan content and function, and of the power relations of executive action. It draws on British experience and past traditions of development plan‐making, to argue that there are three possibilities for the future evolution of a regulatory form for the planning system: neo‐liberal forms of management by performance criteria and output targets; élite‐pluralist forms of management by partnership; and participatory forms of management by argumentation. The paper concludes that the contemporary challenge for the regulatory form of land use planning systems is between forms of technicist management and forms of pluralist democratic management.     

THE ENVIRONMENTAL PERFORMANCE OF POLLUTING PLANTS: A SPATIAL ANALYSIS*

ABSTRACT This paper uses plant‐level EPA and Census data to examine spatial factors affecting environmental performance, as measured by air pollutant emissions and regulatory compliance. We find significant effects for compliance, but not for emissions. Compliance is positively spatially correlated, partly explained by spatial correlations in observed plant characteristics, suggesting influences of industry agglomeration. The use of spatial econometric methods shows only small effects of spatially lagged compliance status, and does not greatly change the estimated contributions of other spatially explicit factors. Regulatory activity has the expected effect of increasing environmental performance, both at the inspected plant and at neighboring plants, but only for plants in the same state, demonstrating the importance of jurisdictional boundaries.     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.     

Attitudes and Ethics: Evaluating Knowledge and Regulatory Constructs in Planning Enforcement Practice

The departure point for the paper is the need to scrutinize previously unconsidered dimensions which are fundamental to understanding the dynamics of the planning enforcement system. Drawing upon emerging themes in regulation theory the paper fuses these with knowledge constructs. The rationale is that the regulatory regimes must be informed by knowledge imparted from a range of sources and the resultant quality of decision making in pursuit of remedies is inextricably linked to the robustness of the evidence base collated. The theoretical analysis, coupled with radical legislative changes, provides a lens for an empirical investigation which scrutinizes tactics, strategies, operational mechanisms, attitudinal dimensions and ethics with a view to identifying the key factors impacting upon enforcement efficacy. Prizes and pitfalls are identified in the course of the analysis and evaluation, with evidence-based remedies suggested where appropriate. The paper concludes by reflecting on the importance of theoretical synergy and epistemological advancement, taking cognisance of ethical and attitudinal challenges facing the planning profession; and, brings to book those who flagrantly breach the Code of Professional Conduct.     

Changing public accountability mechanisms in the governance of Dutch urban regeneration*

Contemporary urban planning dynamics are based on negotiation and contractual relations, creating fragmented planning processes. On the one hand, they trigger technocratic forms of governance, which require the ‘legal instrumentalisation’ of planning in a piecemeal approach ensuring legal certainty. On the other hand, these processes require flexibility to enable easy, fast and efficient forms of implementation due to the increasing involvement of private sector actors in urban development. This article unravels the influence of these conflicting dynamics on the fundamentals of urban planning practices by focusing on changing public accountability mechanisms created through contractual relationships between public and private sector agencies. Dutch urban regeneration has demonstrated changing governance principles and dynamics in the last three decades. Representing instrumental and institutional measures, we connect accountability mechanisms to these changes and argue that they ‘co-exist’ in multiple forms across different contexts. This article embeds this evolution in wider theoretical discussions on the changing relationships between public and private sector actors in urban governance relative to the changing role of the state, and it addresses questions on who can be held accountable, and to what extent, when public sector actors are increasingly retreating from regulatory practices while private sector actors play increasingly prominent roles.     

Vulnerability to Bushfire Risk at Melbourne's Urban Fringe: The Failure of Regulatory Land Use Planning

The 7 February 2009 bushfires in the peri‐urban region to the north of metropolitan Melbourne heralded what many have called an entirely new epoch in terms of weather‐related disasters in Australia. A total of 173 people and 2000 properties were destroyed and, as with the 1939 fires in Victoria, a Royal Commission was subsequently instituted to inquire into the causes and responses to the fire. The Royal Commission has heard much evidence about alleged failings of fire response, communication and administration. It also considered land use planning issues and the associated regulatory framework. Using the Shire of Murrindindi as a case study, this paper argues that the location of population growth, and associated regulatory failure, are contributory, yet under‐researched, factors associated with life and property losses. The adoption of more robust planning tools which incorporate climate change considerations, we argue, is essential to anticipate and minimise the impacts of disastrous natural events such as bushfires. In the latter part of the paper, attention is drawn to a recent Victorian Civil and Administrative Tribunal decision which is groundbreaking in its use of the precautionary principle to prevent dwelling construction in an ‘inappropriate’ location as well as to some major inconsistencies between planning for flood and bushfire threats.     

Planning Small Regions in a Larger Europe: Spatial Planning as a Learning Process for Sustainable Local Development

An enlarged Europe is addressing the challenge of territorial cohesion on the basis of a disciplinary and operative framework formed by a number of evolving documents and provisions to be applied and developed at different administrative and planning levels. Rapid and profound changes have occurred in previous decades as far as institutional framework, the role of actors and issues to be tackled are concerned, within a re-scaling process of territorial governance. In this context, small territories can take advantage of European funds, but experience a hard confrontation with the market economy and supra-local visions, use of resources and infrastructure projects. A decisive role, in many countries, has been gained by regional authorities, which must mediate among various territorial levels, institutions and actors involved in a multilevel governance process. The paper focuses on spatial and regional/territorial planning processes among the European dimension, Member States and regions, on the basis of a case study conducted in Northern Italy. The aim is to determine the role of European spatial planning as a “learning machine” [Faludi, A. (2008) European Territorial Cooperation and Learning, disP 172, (1/2008), pp. 3–10.] able to support processes of mutual learning and cooperation, overcoming the attitude of compliance to upper level schemes and financial programmes rather than innovating usual procedures and territorial planning.     

Governing urban regeneration in the UK: a case of ‘variegated neoliberalism’ in action?

The article focuses on the redevelopment of previously developed land by public-private sector partnerships in three cities/towns in South-West England, two of which can be described as medium-sized places with little previous experience of such developments. In each case we situated the redevelopment process in its wider multi-level and horizontal relationships using Social Network Analysis to produce network and centrality maps to reveal the complex network of relationships the process was embedded within and shaped by. These developments took place in what is termed the ‘roll-out’ phase of neoliberalism and we illustrate how the overarching planning and regulatory regimes (including contracts), along with wider economic conditions, shaped the development process, with the proviso that in each case these factors were mediated and themselves shaped by the assortment and interaction of local organizational, political, economic and civic forces. These included local planning committees and their interpretation of planning regulations and the developers involved, but also opposition to the developments from local sources. Much, however, depended on the ‘capacity to act’ of the relevant partnerships, in the sense of mobilizing and deploying available resources to realize the proposed developments.     

Young people's lived experience of the ‘street’ in North Lakes master planned estate

This article explores young people's lived experience of the ‘street’, defined as outdoor public/private spaces, such as streets, shopping centres, corner stores within a Master Planned Estate in Australia. A strong market-based planning rationale has significantly constrained young people's access to, and use of, public space and the public realm. Young people are often left with little option but to occupy spaces through paths of least resistance or subversive use of space. Private developers require stronger regulatory oversight and a shared vision with planning authorities for the creation of appropriate spaces for young people.     

Zoning,More Than Just a Tool: Explaining Houston's Regulatory Practice

The intent of this article is to understand why Houstonians reject zoning while simultaneously adopting a collection of mechanisms that serve zoning-type functions. The answer is found in discursive-institutionalist approaches that emphasize the symbolic meaning (besides the instrumental value) that people give to regulatory tools. Zoning as a label is generally associated with an interference with individual liberty. Apparently, the other interventionist instruments do not carry the same negative value, which makes it possible to implement them without much opposition. Discourses shape institutions, like planning regulations, and we need to unravel and to understand these processes in order to increase the performance of planning.     

Urban Regeneration in the Brazilian urban policy agenda

This article aims to highlight the main arguments that sought to justify the incorporation and legitimization of Urban Regeneration in the urban policy agenda in Brazil. It shows how the convergence between different and even conflicting propositions related to urban development provided ideological support to the construction of discourses in which urban regeneration is portrayed as beneficial to society as a whole, and how recent international ideas on urban development were incorporated in urban policies of contemporary Brazil, considering our local socio-economic and political environment, planning tradition and regulatory frameworks. The focus will be on Rio de Janeiro and particularly São Paulo given the key role these two cities play in defining urban policy paradigms, guiding government agendas and exporting regulatory models to other parts of Brazil.     

Planning's “Failure” to Ensure Efficient Market Delivery: A Lacanian Deconstruction of this Neoliberal Scapegoating Fantasy

Our neoliberal governance model places a burden on planning to often take “responsibility” for the failure of market-lead governance to deliver its policy promises of betterment, security and future enjoyment. These include promised, but often-unachievable policies, such as those of increased global competitiveness for areas of structural economic decline; or housing affordability in areas of population growth and constrained land availability. Resultant policy failures then result in a scapegoating response where planning is held responsible. Examples include that economic development, or housing affordability, is obstructed by planning impediments, such as regulatory controls or process delays, which are claimed to hamper efficient market delivery. To deconstruct this neoliberal fantasy that planning often impedes policies for market-lead success, the article will first document exemplars of this scapegoating process. It will then explore the role of fantasy and ideology in governance policy formulation and, from a Lacanian perspective, the theorization that underlies this process. Then, it will investigate the role of the “scapegoat” for public policy facilitation so as to explain why planning is often placed in this role, and why this role is often ideologically necessary, at least for neoliberal governance, when planning undertaking its statutory responsibility of facilitating the public interest.