Enforcement or Negotiation

Constructing a Regulatory Bureaucracy

Edited by Neal Shover, Donald A. Clelland, and John Lynxwiler

Subjects: Sociology
Series: SUNY series in Critical Issues in Criminal Justice
Paperback : 9780887063428, 193 pages, October 1986
Hardcover : 9780887063435, 193 pages, October 1986

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Enforcement or Negotiation presents a study of the development and operations of the federal Office of Surface Mining Reclamation and Enforcement during its first four years (1978-82), with special emphasis on the issue of regulatory enforcement. It examines the causes and consequences of the agency's change from an enforced compliance style of regulation toward a more discretionary negotiated compliance .

The analysis is grounded in a variety of methods, including personal interviews, examination of archival data, and structured questionnaires. A comparative analysis of how the legislation was implemented differently in two regions of the United States demonstrates the crucial importance of local conditions on the implementation of regulatory mandates. The OSM's efforts to balance demands for equity and efficiency are documented, as well as the differences in oppositional strategies employed by large and small mining companies.

Neal Shover is Professor of Sociology at the University of Tennessee, Knoxville. Donald A. Clelland is Associate Professor of Sociology at the University of Tennessee, Knoxville. John Lynxwiler is Assistant Professor of Sociology at the University of Alabama at Birmingham.


"The book gives a thorough and competent overview of surface mining regulation, including the technical as well as the political and bureaucratic components. The richness of detail is quite impressive, and the integration of different research approaches adds to the comprehensive nature of the book. One of the best discussions about the problems and limitations of regulatory enforcement. " — John T. Scholz