Tribal Sovereignty and the Problem of Difference in Environmental Regulation: Observations on “Measured Separatism” in Indian Country

Abstract: The legal and juridical sovereignty of American Indian nations is supposed to help Native peoples maintain their own distinct political and cultural communities. In the context of environmental issues, this means that tribal governments have both the inherent and statutory right to set their own environmental standards, which have the potential to protect tribal peoples and their natural resources in culturally relevant ways. In the past, the US Supreme Court has sought to curtail this kind of sovereignty when the due process of non‐Indians might be hindered. In this article, we look at why tribal environmental sovereignty can and should address the issues of due process in the context of environmental regulation in tribal borders, and make a call for this to be done in a way that supports American Indian tribal sovereignty. Moreover, we connect these issues to the current legal and juridical struggles of other environmental justice groups and the need for more meaningful participation in environmental regulation within the nation‐state for all cultural minorities.     

Surfing for Problems: Advocacy Group Strategy in U.S. Forestry Policy

John Kingdon sets out a multiple streams approach to policymaking, whereby problems, solutions, and politics develop independently of one another. Kingdon's work suggests that advocates with pet policies may continually search the problem stream, looking for prominent issues to attach to their preferred solutions. I call this process "problem surfing." This paper provides an empirical test of problem surfing through the use of a case study of environmental advocacy. The paper examines Wilderness Society and Sierra Club advocacy for sustainable forestry practices from 1971 to 1994 through an analysis of articles in member magazines and interview data. Problem surfing is revealed to be a complex strategic process. I find evidence that advocacy groups adjust the problems they associate their solutions with over time to take advantage of salient issues. However, problem surfing appears to be influenced by more than just problem salience.     

"Unworthy Servants": The Rhetoric of Resignation at Canterbury, 1070–1170

Medieval attempts to resign episcopal office hold many complexities: legal issues, religious ramifications, and the personal motivations behind such acts. Taken at face value, appeals to resign appear direct and explicit; bishops desire release from an office they feel unworthy to hold, or in which they feel they have accomplished little. On closer scrutiny, however, many of these texts reveal purposes quite apart from resignation. Indeed, the attempts of three archbishops of Canterbury to resign office in the eleventh and twelfth centuries reveal strikingly similar rhetorical devices that indicate less a desire to leave office than to bolster the archbishops' spiritual authority. The requests of Lanfranc, Anselm, and Thomas Becket employ language designed to reinforce episcopal centrality at times when kings and even popes dis-regarded its importance, at least in the eyes of these archbishops. Despite the differ-ing circumstances that gave rise to each appeal for resignation, the stylized discourse in all of them suggests a need to make specific points that would rouse support for or bolster the perception of the requestor's episcopal status. All three archbishops, as well as their chroniclers or biographers, saw issues of Canterbury's leadership in the spiritual life of England at stake, and resignation became the means to pro-mote and advance the episcopal cause. By bringing repeated phrases of unworthiness or lack of accomplishment into their appeals for resignation, each man sought a response that would reassure him of his worthiness and ability to lead Canterbury.     

Tasmanian Forests,the Environment and Voting in the 2004 Australian Federal Election

The 2004 Australian federal election appeared to depart from the historical tendency for the Australian Labor Party to benefit electorally from adopting policies more sympathetic to environmental movement demands than those of the Liberal–National Coalition, when environmental issues have been prominent in election campaigns. This article assesses contending claims about the actual impact of environmental issues on the outcome of the 2004 election, and possible explanations for Labor's failure to gain a significant net electoral advantage from its environmental policies, in particular its commitment to preserve 240,000 hectares of native forest in Tasmania.     

Getting the Job Done: Resolving State- Federal Conflicts in Superfund

The American system of federalism creates frequent opportunities for clashes between state and federal environmental regulators. State and federal environmental laws overlap but are not easily reconciled. Most federal environmental law provides no clear answer as to how to reconcile differing mandates of state and federal environmental regulators. In this article, we will examine these state-federal conflicts as they played out in 1994 in, the cleanup of contaminated sites in the state of Washington. This article describes the way a regional office of the Environmental Protection Agency and the state's Department of Ecology developed a novel approach to managing the essential tension between overlapping state and federal cleanup laws.     

Finding a middle ground: Conservation challenges among stakeholders in coastal Tanzania (Respond to this article at http://www.therai.org.uk/at/debate)

Recently, evictions associated with climate change mitigation in the Rufiji Delta of Tanzania sparked intense debate about the ethics of coastal conservation between academics, NGOs (non‐governmental organizations) and government officials working in the region. Some actors argue that environmental change is a myth used to wrest control of natural resources from local communities, while others point to the urgency of environmental protection and action on climate change. Insights gleaned from interviews with multiple government officials, NGO employees, academics, and coastal village residents in Pangani, however, reveal a more complex and perhaps less contentious situation in coastal Tanzania. Although they often proffered different solutions, different stakeholder groups articulated the same key challenges in nuanced ways that shed a more hopeful light on currently heated conservation and development issues.     

The Political Economy of Environmental Policy Reform in Latin America

Many parts of the world are threatened with environmental damage and degradation, affecting both the natural resources and the economy of the area. This article analyses the factors affecting the likelihood of different environmental policy reforms in Latin America, with particular emphasis on: the strengths and weaknesses of different groups which promote such reforms; the degree to which the reforms are compatible with the region's current economic policies; and how the type of political regime affects these issues. It reaches the conclusion that, although there has been progress in recent years, the possibility of carrying out far-reaching reforms which could substantially reduce pollution and resource depletion has been limited by: 1) the difficulties involved in linking environmental issues with concerns for social justice; 2) economic policies which promote the exploitation of natural resources and labour and weaken the public sector; and 3) the great influence over regional governments of groups with vested interests in continuing environmentally destructive activities.     

New Dimensions in Infrastructure Evaluation: The Case of Non-Technical Issues in Intelligent Vehicle-Highway Systems

Traditional infrastructure evaluation focuses primarily on technical criteria, such as the completion of a designated, interconnected system of facilities or a particular project's capacity to reduce costs borne by suppliers or end users. In the contemporary policymaking environment, however, nontechnical criteria are often of great importance in determining the success or failure of a particular infrastructure enterprise. Institutional considerations, for example, can often delay the implementation of a project or undermine its effectiveness. This paper examines the importance of non-technical criteria in infrastructure evaluation through a case study of the implementation of a major highway investment program in advanced communication and control technologies, known as intelligent vehicle -highway systems (IVHS). The case study focuses on the role of institutional issues as well as environmental issues, in the implementation of IVHS in the US. surface transportation system. The case emphasizes, first, the significance of institutional and environmental issues, and second, mechanisms for evaluating these issues in the context of a major infrastructure investment program.     

遵循“人地关系”理念,深入开展生态环境史研究

20世纪后期至21世纪初,随着全球生态环境问题的凸显,生态环境史研究日渐成为国际史坛之大宗。在我国,由于人与自然和谐的理念不断推展,环境史研究亦颇呈显学之势,成果颇丰,允为新的学术增长点。本刊向来支持、倡导环境史研究,以借鉴历史经验,推进跨学科研究,增进对人与自然关系之认识,用学术的方式促进人类之可持续发展。目前,我国的环境史研究正处于向纵深发展的关键时期。为此,本刊刊发一组笔谈,以供读者参考。     

Law,memory, and priestly office in Rome,c.500

This essay sets the development of Christian thinking about law and clerical office in the wider context of the discussion of office in the later Roman empire. It offers a reassessment of the work of Dionysius Exiguus, a well‐known translator from Greek into Latin of the Acts of the fourth‐ and fifth‐century church councils, and a compiler of papal decretals. The essay attempts to place Dionysius’ work in its immediate Roman context, in the context of fifth‐century canonical activity, especially in North Africa, and in the more general context of the political culture of office‐holding in the late Roman polity. Central here is the tension between bureaucratic regulation and autocratic room for manoeuvre. Dionysius did not attempt fully to resolve this tension, though he did attempt to contain it.     

India's Middle Classes and the Environment

The focus of most analyses of environmental struggles and discourses in colonial and postcolonial India is on rural and forest areas, and on subalterns versus elites. Recently, however, there has been increased interest in urban environmental issues, and, to some extent, in India's (variously defined)‘middle classes’. This article reviews a range of literatures — environmental, social‐cultural and political — in order to draw out themes and arguments concerning the relationships between India's middle classes and the complex meanings and materialities of the environment. Three issues are explored in detail: civic indifference and the public sphere; environmental activism; and Hinduism and ecological thinking. The article emphasizes the importance of recognizing diversity and dynamism within the middle classes in relation to the environment. It argues the need to develop situated understandings of what constitutes ‘the environment’ amongst different middle class groups; and underlines the ways in which environmental issues reflect and are often emblematic of wider social and political debates.     

“Bluewashing” the Firm? Voluntary Regulations,Program Design,and Member Compliance with the United Nations Global Compact

Voluntary programs have emerged as important instruments of public policy. We explore whether programs lacking monitoring and enforcement mechanisms can curb participants’ shirking with program obligations. Incentive‐based approaches to policy see monitoring and enforcement as essential to curb shirking, while norm‐based approaches view social mechanisms such as norms and learning as sufficient to serve this purpose. The United Nations Global Compact (UNGC), a prominent international voluntary program, encourages firms to adopt socially responsible policies. Its program design, however, relies primarily on norms and learning to mitigate shirking. Using a panel of roughly 3,000 U.S. firms from 2000 to 2010, and multiple approaches to address endogeneity and selection issues, we examine the effects of Compact membership on members’ human rights and environmental performance. We find that members fare worse than nonmembers on costly and fundamental performance dimensions, while showing improvements only in more superficial dimensions. Exploiting the lack of monitoring and enforcement, UNGC members are able to shirk: enjoying goodwill benefits of program membership without making costly changes to their human rights and environmental practices.     

Environmental governance in China: The effects of policy clarity,career concerns,and new appointed officials on pollution control

In the last three decades, China has taken actions to tackle its environmental issues while the tension between policymakers at the central level and decentralized implementation of such policies has been a major concern. This study investigates how policy clarity and high powered incentive system jointly affect organizational performance in the context of environmental governance in China. Utilizing city-level data compiled with text data extracted from Report on the Work of the Government from 2004 to 2015 and Difference in Differences (DID) design, we find that the compliance of local officials to protect the environment as well as the actual environmental protection outcome significantly increased. Our study also finds evidence that newly-appointed Party Secretaries at the city level are the main facilitators of enhancing environmental regulation policies. This research proposes a two by two typology based on the principal-agent theory explaining how successful environmental governance within this period in China is realized and offers practical implications for those who seek to enhance the effectiveness of environmental governance.     

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.     

Applying Policy Process Theories to Environmental Governance Research: Themes and New Directions

Policy scholars have effectively leveraged policy process models, theories, and frameworks to respond to a variety of important environmental questions. For example, how do environmental issues arrive on the agendas of policymakers? What factors contribute to environmental policy change? What are the designs and effects of institutions (e.g., policies or cultural norms) on environmental governance? In this review, we survey the field of policy process scholarship, focusing on environmental governance, with three objectives. The first objective is to catalog the policy process models, theories, and frameworks most often featured in studies of environmental governance. The second is to capture the methodological choices commonly employed in the application of these models, theories, and frameworks in environmental domains. The third is to identify how these approaches deal with issues central to environmental governance research, including time, space, and policy scale. We aim to identify trends and strategies for integrating key considerations of scale into empirical policy process scholarship.     

Quebec–US Relations: The Big Picture

ABSTRACT

The objective of this article is to propose a periodization of the international policy between Quebec and the United States focusing on two levels of analysis: The first level is interested in public policy instruments such as the opening of delegations, while the second focuses on the paradigm of state action. From these two main criteria, I propose an analysis of five periods. The first period (1867–1960) is characterized by the absence of a structured paradigm and the virtual absence of diplomatic instruments with the exception of a tourism and trade office in New York. The second period (1960–1976) reflects a desire by Quebec to develop a larger presence in the United States with the creation of many instruments, as the public policy paradigm is gradually being built. The third period (1976–1980) is characterized by Quebec sovereignists’ awareness of the importance of the United States. This period is noted for a significant paradigm shift. The fourth period (1980–2001) is marked by the turn toward free trade. The last period (2001 to present) is characterized by the importance of new challenges that extend the public policy paradigm to issues such as security in the 9/11 environment, as well as to energy and environmental issues.     

Knowledge making and corporate environmentalism from the perspective of the egg tray

ABSTRACT

In the 1990s, there was a change in capitalist thinking on environmental issues in many global settings, which materialised in what has been termed corporate environmentalism. Beginning with a history of the moulded fibre egg tray and one of its primary manufacturers, this is a case study of how corporate environmentalism came about and was enacted as a confluence of corporate priorities, environmental concerns, production processes, materials, and the development of new measuring tools. Unlike the many environmental history studies that emphasise the role of NGOs and policy developments, this study begins in the business world. More specifically, it is based in the making of environmental knowledge in the form of life cycle assessments and environmental accounts and in the environmental reframing of materials like moulded pulp and plastic. In this way it is the story of how it became reasonable for a manufacturer of egg trays to choose the slogan, ‘Choose Fibre. Save Nature’.     

A Review of the Environmental Policy Literature from 2014 to 2017 with a Closer Look at the Energy Justice Field

This review article documents and analyzes trends within the environmental policy literature published between 2014 and 2017. We find that environmental policy scholarship has recently shifted its focus from more traditional topics, such as watershed and ecosystem management, to other modern issues, such as climate change and energy. The environmental policy literature has increased in complexity and become more interdisciplinary in nature, which we illustrate with a discussion of the energy justice literature. The methodological approaches used by environmental policy scholars have also become increasingly diverse, with a notable uptick in statistical and modeling approaches. We find that some topics, such as policy failure, gender issues, and energy welfare policies are under‐explored, and certain regions within the world, such as developing countries, are less frequently studied. We encourage scholars to consider these gaps in the literature when developing future research.