Enforcement or Negotiation: Constructing a Regulatory Bureaucracy

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.