Regulation Negotiation

Lessons Learned from Failure to Reach Agreement, A Case Study of the Pennsylvania Department of Environmental Protection

Abstract

This article examines the use of regulation negotiation as an alternative to traditional rule making processes in state level bureaucracies. Direct observation of the Special Protection Water Program regulation negotiations at the Pennsylvania Department of Environmental Protection from January, 1995 through August, 1996, shows that regulation negotiation can only be applied to issues with clearly defined policy alternatives, a limited number of affected parties and a distinct but not imminent deadline. All parties must be willing to bargain or negotiated agreement will not be reached. On a positive note, a survey of regulation negotiation participants revealed that agency administrators, environmental advocacy groups, and the regulated business community all perceive real benefits in the process.