Federalism and Environmental Policy

by
Edition: 2nd
Format: Paperback
Pub. Date: 2004-04-01
Publisher(s): Georgetown Univ Pr
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Summary

Giving particular attention to intergovernmental working relationships, this revised edition of Federalism and Environmental Policy has been significantly updated to reflect the changes that have taken place since the highly praised first edition. Denise Scheberle examines reasons why environmental laws seldom work out exactly as planned. Casting federal-state working relationships as "pulling together," "coming apart," or somewhere in-between, she provides dozens of observations from federal and state officials. This study also suggests that implementation of environmental policy is a story of high stakes politics--a story rich with contextual factors and as fascinating as the time the policy was formulated. As four very different environmental programs unfold: asbestos (updated to include the fallout from the World Trade Center), drinking water, radon, and surface coal mining, Scheberle demonstrates how programs evolve differently, with individual political, economic, logistical, and technical constraints. The policy implementation framework developed for the book provides the lens through which to compare environmental laws. Federalism and Environmental Policy goes beyond the contents of policy to explore the complex web of federal-state working relationships and their effect on the implementation of policy. It is unique in how it portrays the nuts-and-bolts, the extent to which the state and federal offices work together effectivelyor not. Examining working relationships within the context of program implementation and across four different environmental programs offers a unique perspective on why environmental laws sometimes go awry.

Author Biography

Denise Scheberle is professor of political science, Department of Public and Environmental Affairs, University of Wisconsin-Green Bay

Table of Contents

List of Tables xii
List of Figures xiii
Preface xv
Acknowledgments xviii
List of Abbreviations xix
1 Environmental Federalism and Federal-State Working Relationships 1(31)
Responses to Intergovernmental Working Relationships in the 1990's
2(5)
Concepts of Federalism
7(1)
NEPPS and the REG
8(2)
Directive
10(10)
A Typology of Working Relationships
20(6)
Conclusions
26(1)
Notes
27(5)
2 Implementing Environmental Laws 32(23)
Defining Implementation and Measuring Performance
34(3)
Implementation as a Game of Strategy
37(3)
Implementation as a Story
40(2)
Implementation and Refocusing Events
42(1)
Implementation Energizers
43(1)
An Implementation Framework
43(7)
Dynamics of the Model
50(1)
Conclusions about Implementation
51(1)
Study Design and Rationale
51(1)
Notes
52(3)
3 Unintended Consequences, Policy Retreat, and Refocusing Events in Asbestos Policy 55(38)
History of Asbestos
56(1)
Health Risks Associated with Asbestos
56(3)
The Government Responds to Asbestos
59(2)
Legal and Media Attention to Asbestos in the 1980's
61(1)
Congress Develops an Asbestos Law
61(3)
EPA Develops Asbestos Regulations
64(2)
The Early Years of Implementing AHERA
66(2)
Implementing AHERA Today
68(2)
Refocusing Events: Libby, Montana, the World Trade Center, and Litigation
70(6)
A View from the States
76(10)
Conclusions about the Asbestos Program
86(1)
Notes
87(6)
4 The Survival of a Nonregulatory Radon Program 93(31)
Radon and Known Health Risks
93(2)
A Perfect Triggering Event
95(2)
The Indoor Radon Abatement Act, 1988
97(1)
Early and Persistent Challenges to Implementing IRAA
98(2)
Radon and Risk Communication
100(7)
Regulatory and Nonregulatory Programs Collide: Radon in Drinking Water
107(2)
Funding State Programs and Leveraging with Partnerships
109(2)
Perceptions of State Radon Officials
111(7)
Conclusions about the Radon Program
118(2)
Notes
120(4)
5 Implementing Drinking Water Regulations in a One-Size-Fits-All World 124(30)
Key Elements of the Safe Drinking Water Act
125(1)
Public Water Supply Systems
126(2)
Setting National Drinking Water Standards
128(1)
Amendments of 1986 and 1996 to the Safe Drinking Water Act
129(3)
Arsenic: A Case Study of the Politics of SDWA
132(3)
Implementation Challenges and the Conceptual Framework
135(5)
Perceptions of State Drinking Water Officials
140(7)
EPA Responses
147(1)
Conclusions about the Safe Drinking Water Program
148(2)
Notes
150(4)
6 High Stakes, Small Wins, and Big Coal in the Surface Mining Program 154(38)
Wrestling with Issues of Control: The Primacy Approach
155(2)
Coal Mining: East versus West
157(4)
Coal Mining Techniques and Potential Environmental Consequences
161(3)
Formulating Federal Surface Mining Policy
164(4)
SMCRA's Provisions and the Implementation Story
168(4)
The Evolution of OSM Oversight
172(5)
Getting Away from the "Gotcha" Syndrome
177(2)
Perceptions of State Surface Mining Officials
179(6)
Conclusions
185(2)
Notes
187(5)
7 Conclusions about Implementation and Working Relationships 192(18)
Pulling Together, Coming Apart, or Somewhere in Between?
192(1)
Working Relationships among Headquarters, Regional, and State Officials
193(3)
A Tripartite Model
196(2)
State "Wish Lists" for the Future
198(2)
Regional "Wish Lists" for the Future
200(2)
Suggestions for Getting to Relationships That "Pull Together"
202(3)
Implementing Environmental Laws and the Conceptual Framework
205(4)
Notes
209(1)
Appendix: Research Sources and Methods 210(1)
Index 211

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