Actors in Public Policy

1. Actors in Public Policy Anyone can participate Some are more effective than others They possess more “clout” Haiku

2. We, individually and collectively – in various formal and informal groups – produce public policy • We – individually and collectively consume pubic policy • We – individually and collectively react to public policy

4. Star Tribune Headlines • Just ahead: Big votes on gas tax hike (Feb 19, 2008) DFLers like their chances despite a Pawlenty veto threat; they'll need Republican help • Sheriff's unit sets monthly sales mark (Feb 20, 2008) Foreclosure sales up 83 percent over 2006 • Editorial: Another positive step to help homeowners (Feb 16, 2008) Government, private sector are working with borrowers • Economist: Justice Department should clear airline merger for takeoff (Feb 19 2008) Recovering U.S. airlines need whatever help they can get to stay profitable and functioning

5. Air Force says budgets are billions of dollars short of what's needed (Feb 19, 2008) • The state of our health: Minnesota must do more (Feb 19, 2008)The obesity epidemic is costly and growing -- and we can't afford to ignore it anymore • Document suggests public health risks near Great Lakes (Feb 18 2008) Was report suggesting public health risks near Great Lakes suppressed? • MN regulators look to ban ships from releasing untreated ballast (Feb 13, 2008) • Supreme Court limits lawsuits in Medtronic case (Feb 20, 2008)The court ruled against the estate of a patient who suffered serious injuries when a catheter burst during a medical procedure

6. A Paradigm for Behavior • Individuals, corporations, and government agencies make decisions to act against a backdrop of the incessant, and often acrimonious debates concerning the role and responsibility of governments that take place at a national, state, and local level • We must understand how governments operate • how those employed in the legislative, administrative, and judicial branches of the federal, state, and local governments reach consensus and compromise about goals and individual, corporate, and governmental behavior, and so create incentives for appropriate actions and disincentives for inappropriate actions • We must understand • how individuals and corporations help create consensus and compromise • how individuals and corporations respond to incentives and disincentives

7. Public Policy • Policy is a social construct for effecting behavior • Defines goals, establishes a reasons for changes in behavior • Defines, promotes, and rewards certain types of behavior • Defines, prohibits, and penalizes – implicitly or explicitly – other types of behavior • Provides a context in which individuals, corporations, and governments decide to behave and subsequently act

8. Public Policy • Largely determined by the structure • Process and structure are historical

9. Public Policy • The legislature defines and establishes broad social goals, outlines what behavior is needed to achieve those goals, delegates authority necessary to change behavior, appropriates revenue • The executive creates (promulgates) rules that are designed to implement legislation and change behavior • The judiciary examines claims by individuals, organizations, even governments, that specific legislation or specific regulation violates their constitutional rights and cause some harm

10. The Various Paths of Public Policy

11. Census of Governments • A federal government • 50 state governments • 87,453 units of local government • 39,044 are general purpose local governments • 3,043 county governments • 36,001 subcounty general purpose governments - municipalities, towns(hips) • 48,409 are special-purpose local governments • 13,726 school district governments • 34,683 special district governments

13. Governments • Public Policy • United States • Minnesota • Metropolitan Council • Hennepin County • Minneapolis • Corporation • Individual

14. Federalism – “Muddling Through” • Executive Order 13132 Federalism (Federal Register August 10, 1999) • The way individuals, organization and governments operate, under "the rule of law" • Incessant debate about the responsibilities and roles of the federal and state governments • Incessant debate about the authority and role of the various branches of federal and state governments • Incessant debate about what goods should be produced and what services should be provided • Incessant debate about how to produce goods and how to provide services • Outcome of the debate has varied temporally and spatially

15. Clean Air Law • The Federal Clean Air Act was first passed in 1970 and last amended in 1990 • The legislation forms the basis for the national air pollution control effort • Clean Air Act of 1990 • The role of the federal government and the role of the states • EPA Air and Radiation • Clean Air Standards (American Lung Association)

16. The Paradigm of Law • Deconstruct law into statutory, administrative and case law • Created by federal and state governments acting under authority defined, somewhat imperfectly, in a constitution

18. Characteristics of Law – the structure of published legal materials • Constant change • federal and state legislatures enact approximately 15,000 statutes/year • unknown number of local government ordinances • unknown number of rules - federal, states, local governments • federal and state courts issue approximately 55,000 opinions/year • estimated 3 million opinions still "good law"

19. Characteristics of Law – the structure of published legal materials • Stability v dynamism • desire to maintain certainty and stability - means by which society is ordered and the rights, duties and obligations of members defined • need for flexibility in regulating a broad spectrum of human activities

20. Characteristics of Law – the structure of published legal materials • Multiplicity of sources • statutory law (legislation, statute, act) enacted by the legislature • administrative law (regulation, rule) promulgated by the executive agencies • case law (opinion, decision, ruling) issued by a court (judge) • federal, state, and local governments

21. Characteristics of Legal Materials • Chronological publications • legislatures enacts statutes on variety of subjects in a legislative session • regulatory agencies promulgate rules on a variety of subjects • courts consider cases involving a variety of subjects • Subject access - finding aids • Official and unofficial publications • official - published by the government authors of the material • unofficial - published by a commercial publisher

22. Public Policy Outcomes

23. Public Policy Outcomes

24. Public Policy Issues • Asbestos (Environmental Protection Agency) • Chrysotile Institute • Asbestos (Occupational Safety and Health Administration) • Mesothelioma • Mesothelioma

25. Mercury • Management of Rechargeable Batteries Legislation • Environmental Protection Agency – mercury • Nine US States File Suit Challenging Federal Mercury Emissions Rules, Say Policy Does Not Protect Fetuses, Children • State’s mercury legislation and regulation • Status of mercury product legislation

26. Mercury in Minnesota • Legislature Minnesota Statutes 116.915 • Executive Minnesota Rules 7011.1255 • Executive Minnesota Pollution Control Agency • Executive Minnesota Department of Health • Corporations Mercury emissions from taconite companies • Corporation Northshore Mining Company • Corporation Xcel proposes mercury reduction plan • Non-profits Minnesota Center for Environmental Advocacy, Mercury-free Minnesota • Non-profits Izaak Walton League, Fresh Energy • Individual blogs

27. Tobacco Litigation • Tobacco.org • Tobacco Control Archives (University of California San Francisco) • Minnesota's Tobacco Settlement 1998 (Minnesota Department of Health)

28. Federal Government Web Sites - Official • Ben’s Guide to U. S. Government • The US Government Manual • The Federal Government (Firstgov) • GPO Access • Government Web Resources (Library of Congress) • FedStats

29. Federal Government Web Sites - Unofficial • Federal Law (Cornell University) • Federal Government Resources (FindLaw) • Federal Resources Index and Guides (FindLaw) • LexisNexis Congressional • LexisNexis Academic • Llrx.com • University of Minnesota Government Publications Library • Google’s Uncle Sam

30. Federal Public Policy Outcomes • Statutory Law • United State Code • Administrative Law • Code of Federal Regulations • Judicial Law • US Supreme Court • Eighth Circuit Court • U.S. District Court for the District of Minnesota

31. Particular Official Statutory Law - Legislative BranchAdministrative Law -Executive BranchCase Law - Judicial Branch UnofficialLegislative BranchExecutive BranchJudicial Branch Cumulative, Coded and Current Official Legislative Branch Executive Branch Unofficial Legislative Branch Executive Branch Judicial Branch Policy Outcomes

32. Important Federal Agencies • Legislative Branch • General Accountability Office (GAO) • Executive Branch • US Department of Agriculture (USDA) • Environmental Protection Agency (EPA) • Department of Health & Human Services (HHS) • Department of the Interior • Judicial Branch

33. General Web Sites for Minnesota • State of Minnesota Web Page • Minnesota Legislative Manual

34. Metropolitan Council • Minneapolis • St Paul • Dakota County • Washington County • Hennepin County • Ramsey County

35. Lobbying • Trade Associations • Companies • Nonprofit groups • Whole host of individuals representing a wide range of interests depending upon the public policy issue