Regulatory Enforcement,Riskscapes, and Environmental Justice

Does environmental regulation vary over poor and minority communities? An uneven governmental response may follow from regulators' varying incentives to negotiate enforcement challenges. We argue that regulators confront two in particular. Regulators can pursue political enforcement, responding to mobilized interests, regardless of environmental risk, or they can pursue instrumental enforcement, responding to at‐risk communities, regardless of political mobilization. To examine these competing strategies, we use an original dataset from the EPA's Risk‐Screening Environmental Indicators model to develop a geographic “riskscape” combined with census tract community data and facility‐level enforcement data. We find that state regulatory agencies pursue a mixture of political and instrumental enforcement, but that these tactics are applied unevenly across traditional environmental justice communities. Specifically, state agencies devote more attention to facilities in communities with relatively higher risk, but less attention in the area of punishment for violations for facilities located in Hispanic communities. Importantly, this lack of attention to Hispanic communities is not mediated by the relative level of risks that they face, but it is to a significant extent in communities in which environmental justice advocacy organizations operate.     

Latinos and Environmental Justice: Examining the Link between Degenerative Policy,Political Representation,and Environmental Policy Implementation

The theory of social construction and policy design is insightful for exploring the circumstances in which the allocation of policy benefits and burdens is attributed to the feed‐forward effect of degenerative policy that institutionalizes bias and reinforces the prevailing categorization and embedded social meaning regarding target populations. However, this theoretical framework has not been broadly adopted to analyze the environment‐related phenomena. With a nationwide, block‐group‐level sample, this study examines the extent to which degenerative policies pertaining to immigrants influence state agencies' environmental regulatory outputs for predominantly Latino communities. Results show that in the states with moderately to most restrictive immigrant policy and high levels of Latino representation in legislatures, the rigorousness of government agencies' compliance monitoring activities decreases for Latino neighborhoods of environmental justice concern, as states' policy stance toward immigrants becomes more unfavorable. More Latino elected officials do not bolster policy implementation efforts for the vulnerable communities or offset the backlash effect of immigrant policy.     

With a Little Help from Our Feds: Understanding State Immigration Enforcement Policy Adoption in American Federalism

Since 2001, state governments have adopted 287(g) cooperative immigration enforcement agreements with the federal government that authorize their law enforcement personnel to assist in detaining violators of civil federal immigration law. Employing a theoretical framework drawn from theories of policy adoption, intergovernmental relations, and immigration research, we test which state‐level political, sociodemographic, geographic, and economic determinants influence states to enter into such a cooperative agreement. In addition to finding that the partisanship of a state's governor, a state's effort on public welfare, and an increase in a state's percentage of Hispanics are related to the adoption of a cooperative immigration enforcement policy, we found evidence of “steam valve federalism” working not at the state level as Spiro (1997) first theorized but at the local level. When a state's localities adopt immigration enforcement agreements with the federal government, the state itself is far less likely to adopt their own. Understanding the reasons states would adopt this type of policy sheds light on current trends in state immigration policy and their effect on future state/federal intergovernmental relations.     

Policy Innovativeness and Interstate Compacts

Are some American states inherently more innovative than others? This question has confounded researchers for more than four decades. In this study we develop a measure of collective policy innovation that measures formal cooperative policy arrangements among the states, compare the measure to existing measures of internal state policy innovation, and assess whether existing innovativeness measures explain policy cooperation among the states. This test of the innovativeness concept addresses internal and external validity concerns that have long plagued this research tradition. Our multivariate analyses indicate that policy innovativeness is often a statistically and substantively important determinant of compact participation. These results suggest that (i) innovativeness is a meaningful and durable state attribute, (ii) several existing indices successfully capture the underlying latent concept, and (iii) innovativeness provides analytic utility in multiple empirical contexts.     

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.     

Multilevel Instruments for Infrastructure Investment: Evaluating State Revolving Funds for Water

In recent decades, the federal government has introduced complex, multilevel state‐operated revolving loan fund programs as an instrument for promoting state and local investment in national infrastructure priorities while limiting direct federal involvement in implementation. A federally funded state revolving fund (SRF) program combines features of a categorical matching grant to states and a subsidized loan program to localities, both of which should lower the effective price of infrastructure investment and therefore promote higher levels of infrastructure investment. However, little evidence exists to date on whether these programs stimulate new subnational spending or instead displace spending that would have occurred otherwise. We evaluate the stimulus effects of SRFs by examining the two largest such programs, the Clean Water and the Drinking Water SRF Programs. Analyzing 17 years of state‐level panel data, we find evidence that the flow of federal funds to states under the SRF programs stimulates new local investment in wastewater infrastructure, but not in drinking water infrastructure. In discussing several possible explanations for these divergent results, we argue for further research that emphasizes the intergovernmental features of this financing tool.     

From China's Urban Social Space to Social and Environmental Justice

A senior American specialist on China and noted geographer argues that the preoccupation of China geographers' with empirical analyses of that country's dramatic economic, social, and urban transformation over the last two decades—usually explained in terms of the now familiar quadruple forces of globalization, marketization, deregulation, and decentralization—should be broadened to reflect a concern for the problems of disadvantaged groups impacted negatively in dynamic urban and environmental settings. The methodology of reflexive activism is proposed as affording a framework for a more relevant geography focused on the study of China, with the potential to bring about positive and constructive change on behalf of China's disadvantaged population and its natural environment, and (as a possible side benefit) generate local epistemologies enriching the study of geography more broadly. Journal of Economic Literature, Classification Numbers: P30. 68 references.     

Gender and Environmental Justice in Louisiana: Blurring the boundaries of public and private spheres

Many scholars have examined the implications and effects of a putative dichotomy between public-as-masculine and private-as-feminine spheres on community activism, and suggest that women's community activism blurs this ideological divide in numerous ways. This article draws on a case study of a siting conflict in St. James Parish, Louisiana, to examine how, in the process of blurring boundaries between gendered spheres of interest and activity, predominantly women environmental justice activists contended with differently gendered contexts. Concepts of performance and performativity shed light on how gendered hierarchies of public and private sphere activism both constrained and enabled the protest group's political practice.     

State Implementation of Federal Environmental Policy: Explaining Leveraging in the Clean Water State Revolving Fund

The Clean Water State Revolving fund (CWSRF) program provides states with significant discretion to design, implement, and administer the program to meet their water quality needs. An important aspect of the program is the decision whether to leverage existing funds to generate additional capital for loans. This article seeks to explain the leveraging decision process, using three models as explanators. We conceive leveraging as a two-stage process—(1) the decision to leverage and (2) the decision of how much to leverage. By employing regression techniques, we find that the Environmental Protection Agency's (EPA's) stated reasons for leveraging—environmental needs and demand for loans—are not significant in the decision to leverage, although needs are significant at the second stage. Likewise, there is limited support for Lester's (1994 ) "capacity/commitment" model of environmental implementation. A third model employing a larger range of independent variables is the best predictor of both the decision to leverage and the amount of leveraging. Furthermore, the factors important at each stage of the decision process differ substantially, reinforcing our conception of a two-stage decision process.     

E-mail Communication and the Policy Process in the State Legislature

E-mail has changed the policy process in state legislatures because political actors now have a new way to present their message to state legislators. What little research has been conducted on this topic examines e-mail communication generally and does not compare results by policy actor. Using an original survey of state legislators in eight states, we test for systematic effects of variables on general e-mail views and for effects specific to particular policy actors. We find that legislators have a nuanced approach to e-mail usage in the policy process with their assessment of its impact differing significantly for constituents, intermediary groups, and policy insiders. Only gender consistently shapes legislators' beliefs about e-mail with all groups, but institutional features, legislator characteristics, and legislator beliefs shape views on e-mail with different target groups. Clearly, legislators are attuned to the audience communicating via e-mail, and they value e-mail with each group differently.     

China's Economic Policy Today: The New State Activism

A noted American authority and investigator of China's economy outlines the general features of the ongoing reorientation of Chinese economic policymaking toward increased state activism, which has gained momentum in the aftermath of the global financial crisis. An initial section of the paper describes the marketization and privatization initiatives of China's late reform period to provide a baseline against which to measure the subsequent shift toward increased state intervention and guidance in the economy. The author traces the shift in three critical policy arenas (social policy, state-owned enterprises, and industrial and technology policy) and demonstrates how state involvement in each intensified during the global financial crisis. He then proceeds to explore the implications of accelerated state activism in the future, identifying potential rewards as well as large risks. Among the latter are macroeconomic imbalances, a "softening" of budget constraints, difficulties in recognizing and terminating unsuccessful economic programs, and tensions with trading partners.     

Shifting Winds: Explaining Variation in State Policies to Promote Small‐Scale Wind Energy

States have increasingly taken leading roles in U.S. environmental policymaking over the past two decades. As laboratories of democracy, states have developed different levels and mixes of policies to address climate change, nonpoint source pollution, alternative energy, and other challenging environmental issues. Policy scholars have sought to explain variation in state environmental policy through two primary theoretical lenses: internal determinants and regional diffusion. While our understanding of state environmental policy adoption has grown to identify which variables are most important, less is known about how these variables interact in particular states to influence policy adoption. This study examines the interactions of variables from both theories to explain how state policies for small‐scale wind energy promotion were adopted in three U.S. states. Our results highlight the nuanced role of citizen ideology, which may be important in contexts at either end of the ideological spectrum but less important in the middle—where economic development is more critical. Results also indicate that interstate competition may be over environmental as well as economic leadership. Interestingly, strength of the wind resource is not necessarily correlated with policy adoption for small‐scale wind energy promotion.     

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.     

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.     

From Urban Social Space to Social and Environmental Justice: Observations on Laurence Ma's Essay

A senior American specialist on China and noted geographer evaluates the merits of an essay by an equally prominent specialist who advocates reflexive activism as a method designed to generate more relevant studies of the country. The author of the evaluation stresses the value of empirically based work, noting a number of contributions by geographers to the study of China's transition from doctrinaire communism to "socialism with Chinese characteristics." While not denying the need for geographical research focused on deficiencies in social and environmental justice, he is not in favor of excessive activism that may overlook advances in economic development and related accomplishments of China's governing regime. Journal of Economic Literature, Classification Numbers: P30. 24 references.     

Moderating Local Capacity: Exploring EO 12372's Intergovernmental Review Effects on Federal Grant Awards

This article asks whether the Reagan Executive Order (EO) 12372 matters for intergovernmental fiscal relations today. To address this question, federal grant receipts from programs that are, and programs that are not, covered by EO 12372 are compared by examining the differential effects of political and local administrative capacity on each. Grant receipts are examined by coding federal grant award data from 1993 to 2003 using Catalog of Federal Domestic Assistance reference numbers. In the case state, Kentucky, Area Development Districts are the regional functionaries for the state single point of contact clearinghouse, by virtue of which status they review proposals for federal funding originating in, or affecting, their districts. Since federal award decisions take clearinghouse information into account on grant programs covered by EO 12372, differences in the effects of local capacity on receipt of grants covered and not covered by the EO are expected. Methodology used in this post‐only analysis is pooled cross‐sectional time series analysis with panel corrected standard errors. Results focus attention on the differential effects of government administrative and political capacity as they apply to federal grants covered, and not covered, by the EO.     

Private Conflict and Policy Passage: Interest-Group Conflict and State Medical Malpractice Reform

James Madison argued in Federalist 10 that "rival political factions" work against the public good. In contrast to Madison's pessimistic account, I suggest that factional conflict can lead to more representative public policy, and thus further the will of the people. I theorize that elected officials often seek a safe political position—one that corresponds to the preferences of the public at large—during periods of high conflict. I assess this theory in one, salient policy area, medical malpractice. I measure conflict with contributions for state candidates given by (i) the health and insurance industries, which generally support malpractice laws, and (ii) lawyers, who frequently oppose the laws. I find that group conflict matters to policy outcomes. I also find evidence that, under conditions of elevated conflict, adopted policies are more likely to move toward the general ideological preferences of the public at large. These results suggest that group conflict affects both the quantity and character of policy in the American states.     

Renewable Energy Politics: Policy Typologies,Policy Tools,and State Deployment of Renewables

This paper investigates the competing forces driving the development of renewable energy in the American states. We formulate a framework of state renewable energy politics and develop a set of hypotheses regarding the role of politics, policies, and prices in renewable energy development. We test these hypotheses with a fixed effect vector decomposition model using a panel data set for the U.S. states from 1990 to 2008. The results indicate that renewable energy development is influenced by regulatory institutions, the party affiliations of the governor and legislators, and the professionalism of the legislature, accompanied by the effects of various policy instruments.     

One Model Does Not Fit All: The Varied Politics of State Immigrant Policies, 2005–16

This article addresses conceptual and measurement challenges that complicate the study of state immigrant policies. First, given the multiple facets of immigrant‐related policy, policy‐specific effects may be obscured by highly aggregated outcomes variables. Second, variables of interest often capture both time‐varying and time‐invariant effects, potentially producing coefficients that are uninterpretable averages of both processes. This article presents a research design that addresses both of these obstacles and applies it to an original dataset of both integrative and punitive policies adopted over the period 2005–16. The findings suggest that the causal roles of growing immigrant populations, partisanship, and wealth vary across different clusters of immigrant policies and that average, cross‐state effects often differ from within‐state effects. Future research would do well to clearly link theoretical expectations to specific types of policy outcomes and test hypotheses over both integrative and restrictive outcomes.