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At every level of government, environmental regulation is under
siege. In Washington, it has been attacked first through the "New
Federalism" and now through the "Contract with America." Outside
the capital, environmental regulation is the subject of controversy
as state and local officials struggle with new responsibilities,
threats of industry exit, and challenges from grassroots groups.
This book addresses the conundrum of regulation by tracing its
source to the competing characterizations of regulatory legitimacy
that have accompanied the growth of the American state. Bruce
Williams and Albert Matheny identify three distinct
languages-managerial, pluralist, and communitarian-used to
articulate competing visions of regulation. They argue that each
language posits a different understanding of the public interest
and therefore a different relationship between the state, the
market, and the public. Because all three languages are invoked in
regulatory debates, disputants talk past one another, leaving
fundamental issues of legitimacy and democracy unresolved or masked
by unexamined assumptions. The authors propose a dialogic model for
analyzing regulatory policymaking, drawing on postmodernist theory
that claims that establishing single languages for understanding
the world inevitably distorts communication. They then apply their
analysis to case studies of actual environmental disputes over
hazardous waste regulation in the 1980s and 1990s in New Jersey,
Ohio, and Florida.
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