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Business and Environmental Policy American and Comparative Environmental Policy Sheldon Kamieniecki and Michael E Business and Environmental Policy American and Comparative Environmental Policy Sheldon Kamieniecki and Michael E. Kraft, series editors Russell J. Dalton, Paula Garb, Nicholas P. Lovrich, John C. Pierce, and John M. Whiteley, Critical Masses: Citizens, Nuclear Weapons Production, and Environmental Destruction in the United States and Russia Daniel A. Mazmanian and Michael E. Kraft, editors, Toward Sustainable Communities: Transition and Transformations in Environmental Policy Elizabeth R. DeSombre, Domestic Sources of International Environmental Policy: Industry, Environmentalists, and U.S. Power Kate O’Neill, Waste Trading among Rich Nations: Building a New Theory of Environmental Regulation Joachim Blatter and Helen Ingram, editors, Reflections on Water: New Approaches to Transboundary Conflicts and Cooperation Paul F. Steinberg, Environmental Leadership in Developing Countries: Transnational Relations and Biodiversity Policy in Costa Rica and Bolivia Uday Desai, editor, Environmental Politics and Policy in Industrialized Countries Kent Portney, Taking Sustainable Cities Seriously: Economic Development, the Environment, and Quality of Life in American Cities Edward P. Weber, Bringing Society Back In: Grassroots Ecosystem Management, Accountability, and Sustainable Communities Norman J. Vig and Michael G. Faure, eds., Green Giants? Environmental Policies of the United States and the European Union Robert F. Durant, Daniel J. Fiorino, and Rosemary O’Leary, eds., Environmental Governance Reconsidered: Challenges, Choices, and Opportunities Paul A. Sabatier, Will Focht, Mark Lubell, Zev Trachtenberg, Arnold Vedlitz, and Marty Matlock, eds., Swimming Upstream: Collaborative Approaches to Watershed Management Sally K. Fairfax, Lauren Gwin, Mary Ann King, Leigh S. Raymond, and Laura Watt, Buying Nature: The Limits of Land Acquisition as a Conservation Strategy, 1780–2004 Steven Cohen, Sheldon Kamieniecki, and Matthew A. Cahn, Strategic Planning in Environmental Regulation: A Policy Approach That Works Michael E. Kraft and Sheldon Kamieniecki, eds., Business and Environmental Policy: Corporate Interests in the American Political System Business and Environmental Policy Corporate Interests in the American Political System edited by Michael E. Kraft and Sheldon Kamieniecki The MIT Press Cambridge, Massachusetts London, England © 2007 Massachusetts Institute of Technology All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or informa- tion storage and retrieval) without permission in writing from the publisher. MIT Press books may be purchased at special quantity discounts for business or sales promotional use. For information, please e-mail special_sales@mitpress. mit.edu or write to Special Sales Department, The MIT Press, 55 Hayward Street, Cambridge, MA 02142. This book was set in Sabon by SNP Best-set Typesetter Ltd., Hong Kong. Printed and bound in the United States of America. Printed on recycled paper. Library of Congress Cataloging-in-Publication Data Business and environmental policy : corporate interests in the American political system / edited by Michael E. Kraft, Sheldon Kamieniecki. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-262-11305-2 (hardcover : alk. paper) ISBN-13: 978-0-262-61218-0 (pbk. : alk. paper) 1. Corporations—Political aspects—United States. 2. Business and politics— United States. 3. Legislation—United States. 4. Corporate power—United States. 5. Environmental policy—United States. 6. Industrial management— Environmental aspects—United States. I. Kraft, Michael E. II. Kamieniecki, Sheldon. JK467.B744 2007 333.70973—dc22 2006023632 10987654321 Contents Series Foreword vii Preface ix Contributors xiii I Introduction 1 1 Analyzing the Role of Business in Environmental Policy 3 Michael E. Kraft and Sheldon Kamieniecki II Agenda Setting: Public Opinion, the Media, and Elections 33 2 Framing ANWR: Citizens, Consumers, and the Privileged Position of Business 35 Deborah Lynn Guber and Christopher J. Bosso 3 Business, Elections, and the Environment 61 Robert J. Duffy III Policy Formulation and Adoption: The U.S. Congress 91 4 Deep Freeze: How Business Has Shaped the Global Warming Debate in Congress 93 Judith A. Layzer 5 Congress and Clean Air Policy 127 Gary C. Bryner IV Policy Implementation in Administrative Agencies 153 6 Businesses and the Environment: Influencing Agency Policymaking 155 Scott R. Furlong vi Contents 7 Business Interests and Information in Environmental Rulemaking 185 Cary Coglianese V Policy Intervention through the Courts 211 8 Business and Environmental Policy in the Federal Courts 213 Paul S. Weiland 9 Industry’s Use of the Courts 233 Lettie McSpadden VI Policymaking at the State and Local Level 263 10 Business Influence in State-Level Environmental Policy 265 Barry G. Rabe and Philip A. Mundo 11 Local Business and Environmental Policies in Cities 299 Kent E. Portney VII Overview and Implications for the Future 327 12 Conclusions: The Influence of Business on Environmental Politics and Policy 329 Sheldon Kamieniecki and Michael E. Kraft Index 349 Series Foreword The analyses presented in this edited volume focus on the role of busi- ness in environmental policy, primarily within the U.S. political system. The contributing authors examine the actions of business groups and the degree of success they enjoy within different institutional venues and at various stages of the policy process. The chapters cover policy formulation and adoption in Congress, implementation in executive agencies, intervention in the courts, and policymaking within state and local government. Two of the chapters also speak to agenda-setting activities through assessment of public opinion and the role of the media. The book illustrates well our purpose in the MIT Press series in American and Comparative Environmental Policy. We encourage work that examines a broad range of environmental policy issues. We are par- ticularly interested in volumes that incorporate interdisciplinary research and focus on the linkages between public policy and environmental prob- lems and issues both within the United States and in cross-national set- tings. We welcome contributions that analyze the policy dimensions of relationships between humans and the environment from either a theo- retical or empirical perspective. At a time when environmental policies are increasingly seen as controversial and new approaches are being implemented widely, we especially encourage studies that assess policy successes and failures, evaluate new institutional arrangements and policy tools, and clarify new directions for environmental politics and policy. The books in this series are written for a wide audience that includes academics, policymakers, environmental scientists and profes- sionals, business and labor leaders, environmental activists, and students concerned with environmental issues. We hope they contribute to public viii Series Foreword understanding of environmental problems, issues, and policies of concern today and also suggest promising actions for the future. Sheldon Kamieniecki, University of California, Santa Cruz Michael Kraft, University of Wisconsin–Green Bay American and Comparative Environmental Policy Series Editors Preface It is conventional wisdom that business groups are often leading players in the policymaking process. Why would one expect anything else? After all, businesses can be affected in significant and costly ways by public policy, from provisions of tax laws to regulations on environmental protection. To ensure that their interests are given proper consideration, business officials seek to influence the policy agenda as well as decisions made throughout the policy process. Similarly, knowing how central the public’s views are to public policy debates, businesses and trade associations try to shape public opinion through media campaigns. Business interests clearly have a great deal at stake when government considers taking action, and many have the resources to intervene as needed to shape policy decisions. Major energy producers in 2001, for example, played a central role in the energy policy task force established under the direction of Vice President Dick Cheney. The actions that the group recommended, which emphasized increasing energy supplies, received serious consideration in Congress during the next four years, though approval was stymied by environmentalists and other interests. In summer 2005, however, emboldened by the 2004 elections and public frustration with rising gasoline prices, Congress finally approved a far- reaching energy policy that followed the general outline of the Cheney task force recommendations. The bill provides billions of dollars in sub- sidies to energy producers, with oil and natural gas firms among the biggest winners. The energy policy case is only one illustration of what critics see as the pervasive, and often detrimental, influence of business on environmental policy. By no means do business interests always win. x Preface Yet they do seem well represented in policy debates, and they do meet with considerable success. Many examples over the past several decades could be cited in policy areas as diverse as mining, forestry, ranching, agriculture, air and water pollution control, management of toxic and hazardous chemicals, climate change, and protection of biological diversity. It is surprising, therefore, that the role business plays in shaping public debate and
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