Cooperative instruments and policy making: assessing public participation in US environmental regulation

Abstract

AbstractPublic participation has come to play an increasingly important role in making public policies in the United States. The constitutional mandate of due process implies some right to participate in at least some administrative proceedings that affect one's interests. Federal courts have expanded participation rights in federal agency decision making, and many states have done so. Government officials have also seen it in their interest to expand participation in order to increase the diversity of information and views available to them. Participation is seen as a way to gain the support of those affected by public policies: the more they feel as if they have a voice in decisions affecting them, the more likely it is that they will comply with whatever requirements are selected. If parties have a voice in the formulation of policies they will be less likely to challenge decisions in court. Proponents of more extensive participation argue that cooperation is better than conflict and cooperative efforts produce superior solutions to problems. There is increasing interest in fostering democratic discourse and in developing processes that increase discussion, facilitate the exploration of alternative views and give voice to those in the past who have been marginalized or ignored. Public participation not only can contribute to improved decisions but also can help build social capital, strengthen civil society and enhance the capability of communities to solve problems and pursue common concerns.However, despite the critical importance of increasing public participation, current practices have fallen well short of providing for meaningful, effective involvement in administrative decision making, and much remains to be done before the promises of participation are realized. Many groups lack the resources and expertise to participate effectively, and participation may co‐opt more effective efforts in other political forums. There are widely divergent views about the kind of authority that should be granted to collaborative decision making. Demands for making government decision making more collaborative clash with expectations of agency discretion and expertise, and accountability to laws. Broader interests may be ignored as more narrow demands of participants are emphasized. A number of changes are required before cooperative procedures achieve the promise of improved policy making in environmental policy and other policy areas. Copyright © 2001 John Wiley & Sons, Ltd and ERP Environment.