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Responsive bureaus, equity, and regulatory negotiation: an empirical view

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  • Laura I. Langbein

    (School of Public Affairs, American University, Washington, DC)

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    Abstract

    Rulemaking agencies commonly delegate the implementation and enforcement of rules to affected parties, but they rarely delegate rulemaking authority. Regulatory negotiation is an example of this uncommon behavior. Compared to conventional rulemaking, regulatory negotiation is thought to be an attempt to make bureaucracy more responsive to affected stakeholders, especially when the rulemaking concerns politically complicated and technical issues. However, negotiation, while it may make bureaucrats more responsive, may also be less fair in that it is likely to result in relatively more responsiveness to interests supported by those with greater resources. This study presents empirical evidence that compares negotiated to conventional rulemaking processes at the Environmental Protection Agency in respect to both responsiveness and equality. The results uphold the expectation that negotiating rules appears more responsive than the conventional rule-writing process. Furthermore, the results show inequality in both processes; outcomes of negotiated rules may be more unequal than outcomes of conventionally written rules. © 2002 by the Association for Public Policy Analysis and Management.

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    File URL: http://hdl.handle.net/10.1002/pam.10054
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    Bibliographic Info

    Article provided by John Wiley & Sons, Ltd. in its journal Journal of Policy Analysis and Management.

    Volume (Year): 21 (2002)
    Issue (Month): 3 ()
    Pages: 449-465

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    Handle: RePEc:wly:jpamgt:v:21:y:2002:i:3:p:449-465

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    Web page: http://www3.interscience.wiley.com/journal/34787/home

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    1. Bartel, Ann P & Thomas, Lacy Glenn, 1987. "Predation through Regulation: The Wage and Profit Effects of the Occupational Safety and Health Administration and the Environmental Protection Agency," Journal of Law and Economics, University of Chicago Press, vol. 30(2), pages 239-64, October.
    2. Bruno S. Frey & Felix Oberholzer-Gee, 1996. "Fair siting procedures: An empirical analysis of their importance and characteristics," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 15(3), pages 353-376.
    3. Pashigian, B Peter, 1984. "The Effect of Environmental Regulation on Optimal Plant Size and Factor Shares," Journal of Law and Economics, University of Chicago Press, vol. 27(1), pages 1-28, April.
    4. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," Journal of Law, Economics and Organization, Oxford University Press, vol. 3(2), pages 243-77, Fall.
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