U.S. Environmental Policy Implementation on Tribal Lands: Trust,Neglect, and Justice

This study investigates the implementation of U.S. environmental protection laws under American Indian tribal governance. The landmark laws of the 1970s that form the core of America's environmental policy regime made no mention of American Indian tribal lands, and the subsequent research literature on environmental policy has given them little attention. The U.S. Environmental Protection Agency has primary implementation responsibility for environmental protection laws on tribal lands, which offers a unique opportunity to study direct federal implementation apart from typical joint state–federal implementation. Further, because Indian reservations are homes to a disproportionately poor, historically subjugated racial group, analysis of environmental programs on tribal lands offers a unique perspective on environmental justice. We analyze enforcement of and compliance with the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) to compare the implementation of environmental policy on tribal lands with nontribal facilities. Analysis reveals that, compared with nontribal facilities, tribal facilities experience less rigorous CWA and SDWA enforcement and are more likely to violate these laws.     

The Limited Effects of Federal Environmental Justice Policy on State Enforcement

The federal government adopted several measures during the mid-1990s to address concerns about race-based and class-based disparities in environmental protection. This article examines whether these measures affected the pattern of state enforcement of three federal pollution control laws. Using differences-in-differences models to estimate the effects of the federal policy adoption, I find evidence of increases in state enforcement of the Clean Air Act in large African-American communities, but declines in enforcement in communities with large poor and Hispanic populations. Similarly, there is evidence that state enforcement of the Clean Water Act decreased in poor and African-American communities, but there were no real changes in enforcement of facilities regulated under the Resource Conservation and Recovery Act. Collectively, the analysis suggests that the federal policy had minimal positive effects on state regulatory enforcement.     

INCE NTIVE SYSTEMS IN ENVIRONMENTAL REGULATION*

The central problem of environmental and other regulation is identified as a control problem similar to that faced by principals in controlling their agents. An incentive systems framework, featuring the concept of incentive relation, is offered as a means of integrating and systematizing discussion of alternative means of regulation. The distinction of incentive and directive means of environmental regulation, together with the levels of their targets and the penalties for enforcement, are employed to develop a typology of regulatory means and to categorize environmental regulatory alternatives. Shifting from control of regulatees to control of regulators, some results of a study of the incentive systems facing state reclamation inspectors are reported. Dual external incentive relations (to the mining industry and to the federal Office of Surface Mining) are observed, and the design consequences for regulation in the federal system are discussed.     

Strengthening the Role of Public Health in Environmental Policy

Over the past 25 years there has been a steady decline in the role of public health agencies in environmental protection. This paper examines the major factors that have contributed to that decline, including the impact of federal environmental laws, the disparity in funding between regulatory and public health activities in environmental protection, and the emergence of risk assessment as a basis for environmental decisions. The methods of risk assessment and traditional public health approaches are contrasted, and the advantages of the involvement of public health agencies are discussed. Recommendations are presented for strengthening the role of public health in environmental decisionmaking to address more effectively public concerns about environmental risks.     

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.     

Waivers,Federalism, and the Rule of Law

Waivers from legislation have been praised as the foundation for a new era of collaborative federalism. But these exceptions of law, often made without clear statutory authority, undermine the necessary basis for collaboration among governmental entities. That basis is law. Waivers in effect dispense from or even change laws in the interests of administrative flexibility. And, while some commentators have lauded this increased flexibility as empowering for state governments in particular, the real effect is to reduce relations based on law to a condition of perpetual bargaining in which federal administrators hold all the power. Able to change rules and even laws almost at will through new waiver programs and criteria, federal agencies gain arbitrary power, undermining the ability of states and people to plan for their futures on the basis of known rules—the most basic and necessary good provided by the rule of law.     

Defiant Innovation: The Adoption of Medical Marijuana Laws in the American States

Diffusion research often characterizes the role of the federal government in innovation adoption as a supportive one, either increasing the likelihood of adoption or its speed. We examine the adoption of medical marijuana laws (MMLs) from 1996 to 2014 to shed light on what motivates states to adopt innovations that are in explicit defiance of federal law. Furthermore, we examine whether federal signals have any influence on the likelihood of adoption. In doing so, we utilize implementation theory to expand our understanding of how the federal government's position impacts state policy innovation adoption. We find mixed evidence for the influence of federal signals on the adoption of MMLs. The results suggest that medical marijuana policies are much more likely to be adopted in states when proponents have the political or institutional capital, rather than a medical or fiscal need. Moreover, this political capital is sufficient independent of the federal government's real or perceived position.     

Regulating Contested Local Hazards: Is Constructive Dialogue Possible Among Participants in Community Risk Management?

This article uses focus group data to explore the connection between scientific uncertainty about environmental risks and the emergence of distrust among local populations, regulators, and technical experts affected by those risks. With data from a nationwide study of issues associated with the cleanup of U.S. nuclear weapons facilities, the article uses "dialogue theory" and focus group data from three locations to identify the sources of miscommunication and distrust among these actors. The authors conclude that, despite problems with perception and communication among these groups, enough common ground exists to be optimistic about expanding participation for all affected groups in the policymaking process. In fact, expanded participation should diminish the distrust developed from previous regulatory regimes.     

Is Greener Whiter? Voluntary Environmental Performance of Western Ski Areas

This study analyzes the initial implementation of the Sustainable Slopes Program a voluntary environmental initiative established by the U.S. National Ski Areas Association in partnership with federal and state government agencies. Our findings indicate that participation of western ski areas in the Sustainable Slopes Program is related to institutional pressures in the form of enhanced federal oversight and higher state environmental demands exerted by state agencies, local environmental groups and public opinion. The analysis also suggests that, despite these institutional pressures, participant ski areas appear to be correlated with lower third-party environmental performance ratings. This behavior seems to reflect the lack of specific institutional mechanisms to prevent opportunism in the current design of the Sustainable Slopes Program. That is, the program does not involve specific environmental standards, lacks third-party oversight, and does not have sanctions for poor performance.     

A pretext for plunder? Environmental change and state‐led redevelopment in the Peruvian Amazon

In 2014, the Peruvian federal government declared the low‐income neighbourhood of Pueblo Libre de Belén in the Amazonian city of Iquitos to be in a state of emergency. A federal decree stated that ‘constant inundation’ from the Itaya River had put residents and their homes in jeopardy. Following this declaration, the federal government proposed to resettle residents in a planned community, 13 km outside the city. Drawing from interviews with 77 households in the neighbourhood, this article examines residents' responses to the relocation plan as well as their deep scepticism over the motivations driving it. Considering the state's plans for redeveloping the area as a tourist zone, this case study illustrates how concerns about the future impacts of environmental change – and flooding specifically – can be exploited by state actors for economic and political gain while further disenfranchising vulnerable urban populations.     

Regional Forest Agreements: Resolving Resource Conflicts or Managing Resource Politics?

Regional Forest Agreements (RFAs) are the latest institutional response to conflict over the allocation, use and management of forests in Australia. RFAs involve a process of resource assessment leading to a long-term agreement between federal and state governments. This paper examines the approach to assessment being used in RFAs with reference to the literature on the practice of resource and environmental assessment and the changing shape of intergovernmental relations in Australia. It concludes that RFAs have not succeeded in resolving conflict over forestry, as was intended, but have successfully managed forest politics, both between governments and in the broader policy community.     

Performance Goal Achievement in Fiscal Federalism: The Influence of State Partisan Environments and Regulatory Regimes

With tight budgets and hyper‐partisan interactions within and between the states and federal government, attention is being paid to the implementation of federal programs. This is particularly important because, as the recently implemented American Recovery and Reinvestment Act suggests, state administrators are often the implementers of federal policy. This study integrates the fiscal federalism literature with that on implementation and bureaucratic response to examine the effect that within‐state factors have on the degree of performance goal achievement in federally funded, state implemented programs. The findings suggest that, when implementing federal programs, state administrators face conflicting political incentive structures and policy‐specific capacity and capability deficits that influence their motivation and ability to achieve performance goals.     

Federal Aid and Rural County Highway Spending: A Review of the 1980

The Reagan/Bush Administrations cut back federal support for state and local governments during the 1980s, causing total real resources available to finance local roads and bridges to increase very slowly between 1977 and 1989. The effect of federal aid on spending for infrastructure has been subject to debate for many years. Some studies have indicated that federal aid is stimulative, while others report that federal aid substitutes for local resources. This article examines the effect of state and federal aid on county highway spending. The analysis demonstrates that, in 1987, federal aid was stimulative but state aid was not. In light of changes brought about by the Surface Transportation Efficiency Act of 1991 (ISTEA), we can expect federal aid to have a stronger relationship with local highway spending.     

Economics and Health-based Environmental Standards

Many federal laws dealing with environment, safety, and health contain language directing that certain kinds of standards be set on the basis of health evidence alone. That is, economic considerations are not to be taken into account in setting these standards. This paper presents arguments in defense of this position and then suggests why these arguments are not convincing. In other words, it makes the case that regulators should strive to balance economic, health, and other considerations for sensible policymaking.

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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.     

Environmental Standards and Industrial Restructuring: the Case of the Australian Paper Industry

Environmental standards imposed on the Australian paper industry have emerged in response to public concern over the logging of native forests and the ‘greening’ of consumer demand. Such standards play an integral part in the paper industry's restructuring. Neo-classical theorists hypothesised environmental standards as encouraging the relocation of polluting industries to countries with lax regulations. An alternative hypothesis is that environmental standards encourage in-situ restructuring that can positively affect a company's competitiveness. In considering this alternative hypothesis the implications for state and federal policy are briefly considered.     

A ‘Murderous Affair in Lincoln County’: Politics,Violence, and Memory in a Civil War Era Kentucky Community

The 1867 assassination of Unionist James H. Bridgewater typified politically motivated community violence in central Kentucky during the Civil War Era. His assassins, members of a band of ‘regulators,’ viewed Bridgewater as representative of ongoing federal interference in the Commonwealth and thus a hindrance to their local agenda. Regulators used terror tactics both to stymie political competition for the building blocks of state power, including the offices of sheriff and magistrate, and to impose a white supremacist social order after the formal abolition of slavery. Like‐minded partisan editors sought to legitimize both the actions of these night riders and of state and local elected officials by arguing that ‘outlaws’ such as Bridgewater had to die so that law and order might be restored, while assuring readers that such things did not happen to ‘good citizens.’ In so doing, these editors laid the foundation for a usable memory of the Civil War and Reconstruction in Kentucky.     

Ecologically Sustainable Development in a ‘Quarry’ Economy: One Step Forward,Two Steps Back

An overview is presented of recent work on the environmental changes impacting on Australia and the policy responses of the State and Commonwealth governments, especially over the last ten years. This period has seen a remarkably stable phase of conservative government administration in Canberra and consistent resistance to a strong environmental policy agenda, both domestically and internationally. Attention is focused particularly on rural and regional Australia, rather than on urban areas. The paper discusses the role of environmental issues in recent elections and also details the results of relevant opinion polls charting changes in environmental attitudes. The problems posed by the federal system of administration are outlined as are recent analyses and counter‐analyses of the state of the Australian environment. A more fundamental problem with liberal democracy and environmental values is also addressed.     

Citizen Participation and Government Choice in Local Environmental Controversies

This article uses a single, critical case to assess the plausibility of hypotheses that emerge from the literature on civic environmentalism. In particular, scholars have argued that local, collaborative environmental decision making is likely to yield solutions that are both more durable and environmentally superior to those generated by more conventional policymahing processes. The analysis suggests, however, that such outcomes are unlikely in the absence of stringent regulatory requirements established at the federal or state level. This is because local officials face fiscal constraints that exacerbate the already substantial disparity in political resources between citizens and development interests.     

Federalism and Entrepreneurship: Explaining American and Canadian Innovation in Pollution Prevention and Regulatory Integration

Conventional wisdom provides an increasingly strong endorsement of far-reaching decentralization and delegation of authority to bureaucratic agents as the most likely mechanisms to attain such central environmental policy goals as pollution prevention, cross-media regulatory integration, and development of reliable measures of environmental outcomes. Canada would appear an unusually fertile context for such Innovation, given its far-reaching deference to individual provinces and their environment ministries in environmental policy. Comparative analysis of select sub national governments in Canada and the United States suggests that the states in general are far ahead of their provincial counterparts in most of these areas of innovation. Despite all the opprobrium heaped on the American environmental policy system, a combination of federal policy tools and state policy entrepreneur ship appear to contribute directly to this innovation in some states and are almost completely absent in the Canadian system. These findings suggest a need for careful study of the mix of intergovernmental policy tools and principal-agent relations most likely to realize desired environmental policy goals.