Negotiated Regulation, Implementation and Compliance in the United States

摘要: Interest in the use of so-called voluntary approaches to supplement or replace formal environmental regulation is on rise, both Europe and United States. These fall into two general categories: (1) industry-initiated codes good practice focusing management systems performance goals, (2) negotiation between government individual firms (or industry sector trade associations) compliance. This paper addresses latter. In States, motivations for engaging such are manifold sometimes contradictory. They include desires facilitate achievement legislated goals by introducing flexible cost-effective implementation compliance measures, negotiate levels (standards) fulfilling health-based legislative mandates, (3) legal definitions Best Available Technology other technology-based requirements, (4) weaken regulation. administrative agencies have long been experimenting with “negotiated rulemaking as a means setting regulatory standards, Administrative Procedure Act was amended 1990 encourage further this process. U.S. also made frequent defining responsibilities firms. addition, Environmental Protection Agency (EPA) has acted outside authority given it its enabling legislation an attempt policy implementation. Two recent examples "Common Sense Initiative," which EPA attempted broad-based focuses particular sectors, “Project XL", agency requirements Although programs now moribund, each provides useful lessons future efforts at negotiation. describes analyses negotiated agreements States context ensure protection. can be described according following taxonomy: (a) (either preceding substitute regulation); (b) (negotiations firm establish timetable and/or meeting standard; (c) (negotiation enforcement action out applicable standard there opportunity extra-statutory gains, encouraging cleaner production through leveraging penalty reductions). The criteria evaluation used include: outcomes, effects stimulating technological change, time development (time completion), ease (likelihood court challenge), stakeholder influence (ability large dominate outcome, environmentalists-industry balance power), features.