Neal Shover - Enforcement or Negotiation: Constructing a Regulatory Bureaucracy
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Enforcement or Negotiation: Constructing a Regulatory Bureaucracy
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Enforcement or Negotiation presents a study of the development and operations of the federal Office of Surface Mining Reclamation and Enforcement during its first four years (1978-82), with special emphasis on the issue of regulatory enforcement. It examines the causes and consequences of the agencys change from an enforced compliance style of regulation toward a more discretionary negotiated compliance. The analysis is grounded in a variety of methods, including personal interviews, examination of archival data, and structured questionnaires. A comparative analysis of how the legislation was implemented differently in two regions of the United States demonstrates the crucial importance of local conditions on the implementation of regulatory mandates. The OSMs efforts to balance demands for equity and efficiency are documented, as well as the differences in oppositional strategies employed by large and small mining companies.
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Enforcement or Negotiation : Constructing a Regulatory Bureaucracy SUNY Series in Critical Issues in Criminal Justice
author
:
Shover, Neal.; Clelland, Donald A.; Lynxwiler, John.
publisher
:
State University of New York Press
isbn10 | asin
:
088706342X
print isbn13
:
9780887063428
ebook isbn13
:
9780585057989
language
:
English
subject
Strip mining--Law and legislation--United States, United States.--Office of Surface Mining Reclamation and Enforcement.
publication date
:
1986
lcc
:
KF1823.S5 1986eb
ddc
:
353.0082/326
subject
:
Strip mining--Law and legislation--United States, United States.--Office of Surface Mining Reclamation and Enforcement.
Enforcement or Negotiation
Page ii
SUNY Series in Critical Issues in Criminal Justice
Donald J. Newman, Gilbert Geis, and Terence P. Thornberry, Editors
Page iii
Enforcement or Negotiation
Constructing a Regulatory Bureaucracy
NEAL SHOVER DONALD A. CLELLAND JOHN LYNXWILER
State University of New York Press
Page iv
Published by State University of New York Press, Albany
1986 State University of New York
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews.
For information, address State University of New York Press, State University Plaza, Albany, N.Y., 12246
Library of Congress Cataloging in Publications Data
Shover, Neal. Enforcement or negotiation.
(SUNY series in critical issues in criminal justice) Bibliography: p. Includes index. 1. Strip miningLaw and legislationUnited States. 2. United States. Office of Surface Mining Reclamation and Enforcement. I. Clelland, Donald A. II. Lynxwiler, John. III. Title. IV. Series.
KF1823.S51986353.008232686-3695
ISBN 0-88706-343-8
ISBN 0-88706-342-X (pbk.)
10 9 8 7 6 5 4 3 2 1
Page v
Contents
Foreword
ix
1. Regulation and the State
1
The Rise of Regulation
Regulation and Theories of the State
Neo-Marxist Theories
The Regulatory Process
Choices and Constraints
Styles of Regulation: A Typological Analysis of the Regulatory Process
Stages of the Regulatory Process: The Choice of Options
Constraints
2. Surface Mining and the Environment
17
Trends in American Coal Production
The Surface Coal Mining Process
The Destructive Effects of Early Surface Coal Mining
The Anti-Strip Mining Movement
3. The Battle to Enact Legislation
27
Ninetieth Congress (1968): Hearings
Interim Events
Ninety-Second and Ninety-Third Congresses: Hearings and Legislation
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1986