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Pluralism by the Rules
Conflict and Cooperation in Environmental Regulation
Edward P. Weber
Georgetown University Press, 1998

Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches.

Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible when opposing sides agree to follow specific rules that include formal binding agreements about enforcement, commitment to the process by political and bureaucratic leaders, and the ensured access and accountability of all parties involved. Such rules establish trust, create assurances that agreements will be enforced, and reduce the perceived risks of collaboration. Through case studies dealing with acid rain, reformulated gasoline, and oil refinery pollution control, Weber demonstrates the potential of collaboration for realizing a cleaner environment, lower compliance costs, and more effective enforcement.

Challenging the prevailing view that endless conflict in policymaking is inevitable, Pluralism by the Rules establishes a theoretical framework for restructuring the regulatory process.

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The Takings Issue
Constitutional Limits On Land Use Control And Environmental Regulation
Robert Meltz, Dwight H. Merriam, and Richard M. Frank; Foreword by Fred Bosselman David Callies John Banta
Island Press, 1999
As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.
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Trading Up
Consumer and Environmental Regulation in a Global Economy
David Vogel
Harvard University Press, 1995

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards.

The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT.

This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

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