Policy gridlock in waste management: Balancing federal and state concerns

Current federal hazardous and low-level radioactive waste management policies fail to balance national concerns for policy consistency with state concerns for equity, discretion, and adequate resources. Failure to balance these competing values has resulted in {open_quotes}policy gridlock{close_quotes} - exemplified by conflicts over the Resource Conservation and Recovery Act and the Low-Level Radioactive Waste Policy Acts. Both conflicts have resulted in recent U.S. Supreme Court litigation. After reviewing federal-state conflict in hazardous and low-level radioactive waste management, we propose that the solution to gridlock lies in modifying conjoint federalism. Conjoint federalism allows for joint responsibility for waste policy between federal and state governments, with state programs meeting minimum standards set by federal programs. However, conjoint federalism does not currently allow for sufficient state discretion, which is paramount for successful waste management programs. Specifically, Congress should expand conjoint federalism, to allow states to charge differential fees on imported hazardous waste as is done for low-level radioactive waste. This expansion would encourage waste minimization and better interstate planning

Can consumers enforce environmental regulations? The role of the market in hazardous waste compliance

We examine the U.S. hazardous waste management industry to assess the role that consumers play in encouraging environmental compliance. We first examine whether environmental performance affects consumer demand and find that noncompliance does decrease demand, at least in the short term. Next we consider whether market characteristics affect compliance behavior. While we do not find evidence that market size affects behavior, local competition does appear to increase compliance. However, as competition becomes less localized, it has a smaller effect. Finally, regardless of the pressures exerted by consumers to comply, commercial managers are less likely to be in compliance than on-site managers. Copyright Springer Science+Business Media, LLC 2007Commercial environmentalism, Compliance, Enforcement, Hazardous waste, Market size, Competition, Q28, K42, D21,