in Congress – are not considered, they may affect future energy programs just as they have past programs. Finally, potentially ruinously costly increases in energy imports force attention to the problem of how major public policy plans have been and are prepared in the United States. A witches’ brew of some 500 energy bills proposed in the 110th C ongress in the House and Senate is now being stirred up. This “inspirational” approach to public policymaking bears little resemblance to the thoughtful way critical policies have been developed in the EU. A change of the way major national planning is undertaken may do more than anything else to bring facts and reality into play, reduce hostilities, open up cooperation, new resources, technologies, creative energies, and productivity toward energy policy transitions. Chapter 6 Foreign Experience 6. 1 The European Union and Other Nations Take the Lead “The EU has pioneered a new form of post-national government, in which nation-states pool some of their sovereignty for the common good. Many of its admirers see this as a useful potential model for Southeast Asia, the Indian subcontinent, China-Taiwan, Latin America, parts of Africa and so on. The EU takes some issues, like human rights, global warming and the fostering of an international system of justice, with admirable seriousness . . . . . . Considering the kind of Europe it replaced, the EU has been an almost miraculous success (Walker, 2007).

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.

Yellowstone holds a special place in America's heart. As the world's first national park, it is globally recognized as the crown jewel of modern environmental preservation. But the park and its surrounding regions have recently become a lightning rod for environmental conflict, plagued by intense and intractable political struggles among the federal government, National Park Service, environmentalists, industry, local residents, and elected officials. The Battle for Yellowstone asks why it is that, with the flood of expert scientific, economic, and legal efforts to resolve disagreements over Yellowstone, there is no improvement? Why do even seemingly minor issues erupt into impassioned disputes? What can Yellowstone teach us about the worsening environmental conflicts worldwide? Justin Farrell argues that the battle for Yellowstone has deep moral, cultural, and spiritual roots that until now have been obscured by the supposedly rational and technical nature of the conflict. Tracing in unprecedented detail the moral causes and consequences of large-scale social change in the American West, he describes how a "new-west" social order has emerged that has devalued traditional American beliefs about manifest destiny and rugged individualism, and how morality and spirituality have influenced the most polarizing and techno-centric conflicts in Yellowstone's history. This groundbreaking book shows how the unprecedented conflict over Yellowstone is not all about science, law, or economic interests, but more surprisingly, is about cultural upheaval and the construction of new moral and spiritual boundaries in the American West.

This book examines the global regulation of biodiversity politics through the UN UNConvention on Biological Diversity (CBD), the WTO and other international treaties. Using historical-materialist state and regulation theory, it assesses how the discourse and politics of sustainable development have contributed to the internationalisation of the state. The authors argue that sustainable development, far from being a fixed concept, is a conceptual terrain on which different and conflicting symbolisations of and solutions responses to of the ecological crisis struggle for hegemony. Furthermore, it shows that the international multilateral environmental organisations agreements are not at all a means to counteract neoliberal globalisation but, on the contrary, form an integral part of the ongoing transformation process. Focussing on the UN Convention on Biological DiversityCBD, the FAO International Treaty on Plant Genetic Resources for Food and Agriculture and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organisation, this co-authored volume addresses the following issues: state theory, regulation theory and International Political Economy biodiversity protection and valorisation of genetic resources access to genetic resources and sharing of benefits which arise out of its use enforcement of intellectual property rights and their impact on biodiversity. This book will be of interest to students and scholars of international politics, international political economy, environmental studies, development studies and political ecology.

Unnatural Resources explores the intersection of energy production and environmental regulation in Appalachia after the oil embargo of 1973. The years from 1969 to 1973 saw the passage of a number of laws meant to protect the environment from human destruction, and they initially enjoyed broad public popularity. However, the oil embargo, which caused lines and fistfights at gasoline stations, refocused Americans’ attention on economic issues and alerted Americans to the dangers of relying on imported oil. As a drive to increase domestic production of energy gained momentum, it soon appeared that new environmental regulations were inhibiting this initiative. A backlash against environmental regulations helped inaugurate a bipartisan era of market-based thinking in American politics and discredited the idea that the federal government had a constructive role to play in addressing energy issues. This study connects political, labor, and environmental history to contribute to a growing body of literature on the decline of the New Deal and the rise of pro-market thinking in American politics.

Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.

Explores how economics can help solve environmental problems.