Rudy Owens Case No. 22, Day 2 Date Due: Oct. 30, 2011

Rudy Owens Case No. 22, Day 2 Date Due: Oct. 30, 2011 Learning Objective: What are motivations behind recent changes in the Sound s cleanup under Obama/Gregoire v Bush. Who favors protection/restoration and who/what are criticism of those efforts? Distributive Politics and Organizational Behavior Help to Explain Puget Sound s Cleanup Once [you] begin the dance of legislation you must struggle through its mazes as best you can to its breathless end if any end there be. Woodrow Wilson (1885) 1 Abstract: The Puget Sound cleanup, first launched as part of a West Coast salmon recovery plan, is a complex effort involving dozens of public, nonprofit, and private stakeholders. Multiple bureaucracies with their own imperatives are deeply invested in the effort. Federal funding to support recovery efforts rose after 2009, when Democrats controlled the White House and Congress, driven in part by methods of disbursing federal assistance to home districts of lawmakers with seniority and influence. Washington s senior Democratic lawmakers, who are supported by environmental groups that want the Sound cleaned up, have promoted restoration efforts. The potential $10 billion recovery activity is popular among some constituents because it directs federal spending to the state, but many businesses aligned through their lobbyists have opposed efforts by state lawmakers to increase taxes in Washington to pay for pollution control in the Sound. Introduction: The cleanup of Puget Sound and efforts to restore its dwindling salmon and steelhead runs through a complex and often confusing regional, collaborative decision-making process have now spanned 2 presidential and 2 Washington state gubernatorial administrations. The project could become one of the largest federally-funded environmental restoration and government works projects in the country, whose estimates have been pegged at $10 billion. 2,3 But the precise figure for public dollars to be spent appear fuzzy at best, and our People for Puget Sound staffers need to sort out the political players and the motives behind the competing interests in the cleanup. All-crucial federal funding has driven state and recovery efforts and will into 2020, when the state estimates the cleanup will end. 4 Though priorities of the Bush II and Obama presidential administrations and of individual members of Congress have impacted funding for the now 11-year-old efforts to restore dwindling salmon runs in the Sound, the recovery has taken on its own life cycle. This, along current methods of allocating limited benefits across political constituents (i.e., the distribution of tax dollars by the federal government) 5, may be driving the recovery s future as much as the priorities of the recovery s political allies and detractors. The Maze: The Puget Sound Partnership (PSP), the state agency created in 2007 to oversee the restoration work, is but one of dozens of local, federal, and international stakeholders involved in efforts to restore Puget Sound. 6 The so-called federal caucus alone has 13 federal agencies 1

who have signed memorandums of understanding (MOUs) to work together to clean up the Sound. 6 This is not counting the more than a dozen federally recognized tribes and multiple businesses and interest groups involved in recovery efforts, coordinated under the umbrella of the U.S. Environmental Protection Agency s (EPA) National Estuary Program. 7 None of the participating entities working on restoration, including PSP, publish easy to access and clearly organized budgets documenting public expenditures and pass-through funding. PSP s web site does not publish how state or federal funds are disbursed in its listing of contracting opportunities, for instance. The EPA s web site does not highlight how fiscal resources are allocated for its Puget Sound activities under the National Estuary Program. 6 The Money: Federal salmon recovery funding from the National Oceanic and Atmospheric Administration (NOAA) to Washington state from 2000 to 2009 has totaled $260 million (see appendix 1). The Pacific Coast Salmon Recovery Fund was created in 2000 to address the decline of Pacific salmon and steelhead runs, and now serves 5 states. 8 It provides grants to state, local, and tribal salmon recovery activities, such as habitat restoration and public education. During the Bush II administration, funding to Washington state peaked in FY2002 at $34 million, then gradually declined to just $24 million in FY2008. For the last year that funding reports were available, FY2009, the amount rose back to $28 million, when President Barack Obama took office. 8 While the fund itself is subject to annual budget re-authorizations, its viability does not appear to have been challenged by the more business-friendly George W. Bush White House. This same White House also supported the future removal of four dams on the Klamath River to help restore salmon runs in southern Oregon, but generally got low marks from environmental groups for policies that favored resource development and less government regulation. 9 President Barack Obama, by contrast, was endorsed by large environmental groups like the Sierra Club, during his presidential run. Prior to his victory, Obama made a campaign pledge, without specific policy proposals, outlining his views on salmon recovery: Implementing a meaningful salmon population recovery plan will be a key environmental priority of my administration, and I support efforts to create a salmon recovery plan that balances all of these important environmental, agricultural, and renewable energy interests. 10 In its final year, the Bush II administration budget proposed to halve all Pacific salmon recovery funding, from $67 million to $35 million, which Washington s senior senator, Patty Murray, claimed would threaten to restore and protect salmon habitat. 11 The state s four-term 2

senior senator vowed she would fight to restore federal support for this vital program. 11 Murray, joined by Norm Dicks, the state s senior Democrat in the U.S House of Representatives; Sen. Maria Cantwell; and a bipartisan group of West Coast lawmakers, whose states received salmon recovery funds, convinced the Obama administration to restore funding to salmon recovery. 12 All told, Washington received $50 million for Puget Sound cleanup and salmon recovery efforts for FY2010. 13 In addition, one-time federal stimulus funding for the 2009-11 biennium was pegged at $150 million. 14 Distributive Politics: While this funding fulfilled a pledge by Obama to support green jobs, through restoration work funded by government grants, it also exemplified what analysts call distributive politics. The conveyance of federal benefits to political constituents, particularly by the U.S. Congress, is a hallmark democratic governance. 5 Using a model suggested by Erik Engstrom and Georg [sic] Vanberg, 5 the funding restoration agreed to by Obama s White House can be seen more as the majority party favoring its party members, but also extending some benefits to minority members to reduce opposition in salmon recovery states such as Alaska and Idaho, with 3 GOP senators respectively in Congress. In general, allocation of funding will be biased to the majority party, favoring party leaders with seniority (like Sen. Murray and Rep. Dicks). Voters reciprocate such awards by re-electing senior politicians by safe margins. 5,15 Puget Sound is largely a Democratic Party lake, surrounded on nearly all sides by Democratic congressional districts, not to mention the state s two Democratic senators and a Democrat, Chris Gregoire, as a two-term governor (see appendix 2). Supporters: Environmental groups, who tend to support Democratic lawmakers in Washington, had listed Puget Sound s recovery as their No. 1 legislative priority starting in 2005. 4 They lauded Gov. Gregoire s leadership in pushing through later legislation and funding proposals to clean up toxics, control nutrient and septic problems, reduce polluted storm water runoff, restore damaged shorelines, raise public awareness, and restore and protect the habitat, including salmon all based on recommendations coming from the PSP. 3,4 Gregoire, a first-term governor elected in 2004 and former head of the state s Department of Ecology, scored strong political points with a reliable Democratic political constituency in western Washington with her initiative. The governor is really stepping out boldly on Puget Sound, said Naki Stevens, programs director with People for Puget Sound, in 2005. (Gregoire s) commitment in this has really brought the environmental communities together in a big way behind this. 2 3

The cleanup has attracted multiple stakeholders, who also stand to benefit from a mostly government-funded $10 billion recovery effort. As Gregoire noted, it has been driven by economics and not just sound science: Cleaning up the Puget Sound is not just a matter of our legacy to future generations, but it is also an economic engine worth billions to our local and regional economy. 16 Early supporters outside the environmental community included some of the state s congressional delegation (who could help to allocate funding and win political support in their districts), tribal leadership (past and potential recipients of recovery-driven grant funding and managers of half of the Sound s salmon harvest), and Taylor Shellfish Farms (the country s largest shellfish producer whose products would benefit from less storm water runoff and nonpoint source pollution). 2 The cleanup, however, was communicated as sound management in response to the listing of salmonid species as threatened under the U.S. Endangered Species Act. By spending national funds to restore these known problems, the ecosystem will respond in a positive way, predicted a U.S. Army Corps of Engineer manager in 2005. If you do it large enough and you act on the fundamental causes of decline, then the resilient system will allow the ecosystem to rebound. 2 Critics and Shortfalls: Funding, according to the state, is still coming up short. The 2009 State of the Sound report by PSP reports that $400 million was allocated through the state budget for 2009-11. But the report found that the state was still short $1.8 billion in needed funding to achieve its objectives, particularly controlling nonpoint source pollution, notably storm water pollution. 14 Nonpoint source pollution is blamed for half of the of the nation s water pollution, 17 and Gov. Gregoire in 2008 called storm water improvements one of her highest priorities. 16 However, the state s business community has been unwilling to back state legislative efforts to pay for strong pollution mitigation efforts to improve the Sound s health. The state s most powerful business lobby, the Association of Washington Business (AWB), in 2008 had submitted concerns that of the $4 billion spent annually on Puget Sound recovery, only $500 million was actually being spend on mitigation and restoration. They also were troubled how the recovery s activities could also accommodate the 1.4 million people expected to move to the Sound during the next two decades. 18 During the 2011 legislative session and for the third year in a row, Democratic lawmakers in both houses sought to impose a storm water pollution tax on the wholesale value of products sold in Washington that create harmful water pollutants in storm water, such as petroleum products, pesticides, herbicides, and fertilizers. 19 The so-called Clean 4

Water Jobs Act of 2011 noted that needed storm water remediation in the Puget Sound region would require billions of dollars in new investments, which would burden state and local governments every year. 20 But the Legislature failed to advance either bill out of the committees where hearings were held. The business community rallied against the measure, with the help of the AWB. The AWB claimed the measure sought to raise $10 billion in taxes over 10 years for cleanup efforts, and the group boasted of defeating it again through its work in Olympia. 19 The AWB, in its opposition to new fees and taxes, also alleges that the state s resource management and regulatory agencies are broken. 19 Back to the Case: Sociologists and political scientists have long referenced Max Weber s analysis of bureaucracy, showing that bureaucracies, once established, will likely continue their growth and power into the future, and that efforts to control or limit them will prove utopian. 21 The Sound s cleanup efforts under the umbrella of the PSP, but involving dozens of interests groups, including large government bureaucracies and elected officials who help to steer federal largesse, can be seen in this context. The complex, multi-agency cleanup now has its own life, following a maze that may or may not continue to a breathless end, if cleanup occurs however that s defined by 2020. Our People for Puget Sound staffers may find it instructive to understand the nature of organizational behavior as well the legislative and policy development process impacting funding and tools that could meaningfully impact the cleanup. Their analysis may also reveal that the resources to address perhaps the Sound s greatest pollution problem, storm water pollution, will not be available unless the Legislature can push a tax measure through a bill-making arena in which opponents like the AWB exercise great clout. Sound science, watershed recovery planning, and multi-stakeholder engagement can still be tripped up by the re-election concerns of lawmakers in 4 or 5 swing state legislative districts and by the prerogatives of committee chairpersons. Questions: 1) I found very little information on the Obama administration s views on the Puget Sound s recovery, despite his repeated visits to this state prior to his election. Do senior federal agency administrators and senior members in Congress ultimately drive federal support for the recovery more than any president? 2) Is the lack of clear, concise, easy to access information concerning government funding for Puget Sound s restoration an intentional act by those managing the process to prevent non-experts from understanding how public resources are being allocated and managed? 5

Appendix 1: Pacific Coast Salmon Recovery Fund allocations to West Coast states, FY2000 to FY20098 Appendix 2: Washington state s congressional districts; districts 1,2, 6, 7, and 9 (all surrounding Puget Sound) are held by Democrats, as are the state s 2 U.S. senate seats (map source, Washington State Legislature). 6

REFERENCES: 1. Ragusa JM. The lifecycle of public policy: an event history analysis of repeals to landmark legislative enactments, 1951-2006. American Public Research. 2010;38(6):1015-51. 2. Stiffler L. Gregoire announces major Puget Sound clean up plan. Seattle P-I. December 18, 2005; http://www.seattlepi.com/local/article/gregoire-announces-major-puget-sound-clean-up-plan- 1190371.php. Accessed October 28, 2011. 3. Marten Law. Puget Sound cleanup costs may reach $9 billion. January 17, 2007; http://www.martenlaw.com/newsletter/20070117-puget-sound-cleanup. Accessed October 28, 2011. 4. La Corte R. Environmentalists push lawmakers for Puget Sound cleanup. Seattle Times. January 1, 2007. 5. Engstrom EJ, Vanberg G. Assessing the allocation of pork: evidence from congressional earmarks. American Politics Research. 2010;38(6):959-85. 6. Environmental Protection Agency. Puget Sound: partners. 2011; http://www.epa.gov/pugetsound/partnerships/index.html. Accessed October 28, 2011. 7. Puget Sound Partnership. Supplemental budget proposal 2012. 2012; http://www.psp.wa.gov/downloads/fiscal/psp_2012supplementalbudget_gfsreductionoptions. pdf. Accessed October 29, 2011. 8. National Oceanic and Atmospheric Administration. 2010 Report to Congress: Pacific Coastal Salmon Recovery Fund FY 2000 2009. 2010; http://www.nwr.noaa.gov/salmon-recovery- Planning/PCSRF/upload/PCSRF-Rpt-2010.pdf. Accessed October 27, 2011. 9. Learn S. Oregon, California sign deal aimed at ending Klamath water wars. The Oregonian. February 28, 2010; http://www.oregonlive.com/politics/index.ssf/2010/02/oregon_california_sign_deal_ai.html. Accessed October 30, 2011. 10. Idaho Statesman (editorial). The next phase of the salmon debate begins with hope. Idaho Statesman. November 23, 2008. http://www.giveadamforsalmon.org/index.php?option=com_content&task=view&id=6. Accessed October 29, 2011. 11. Daly M. Bush plan would cut funding for salmon recovery. The Wenatchee World. February 5, 2008; http://www.wenatcheeworld.com/news/2008/feb/05/bush-plan-would-cut-funding-forsalmon-recovery/. Accessed October 29, 2011. 12. Office of Senator Patty Murray. Murray-led effort saves Pacific Salmon Recovery Program. 2009; http://murray.senate.gov/public/index.cfm/newsreleases?contentrecord_id=7995e541- a39e-46c6-bf4a-a0b9e0a8b0f8. Accessed October 28, 2011. Accessed October 28, 2011. 13. Blumenthal L. House panel OKs big hike in Puget Sound cleanup fund. 2009; http://www.mcclatchydc.com/2009/06/10/69845/house-panel-oks-big-hike-in-puget.html. Accessed October 28, 2011. 14. Puget Sound Partnership. 2009 state of the Sound. 2009. http://www.psp.wa.gov/downloads/sos09/09-04534-000_state_of_the_sound-1.pdf. Accessed October 28, 2011. 15. Boyle MA, Matheson VA. Determinants of the distribution of congressional earmarks across states. Economics Letters. 2009;104(2):63-65. 16. Seattle PI. Gregoire: Q&A about the environment. 2008; http://www.seattlepi.com/local/article/gregoire-q-a-about-the-environment-1288223.php - ixzz1c3cn0yc8. Accessed October 29, 2011. 17. Washington State Department of Ecology. Nonpoint Pollution from Urban Living. 2009; http://www.ecy.wa.gov/programs/wq/nonpoint/urban.html. Accessed October 29, 2011. 7

18. Association of Washington Business. AWB comments on Draft Action Agenda. 2008; http://www.psp.wa.gov/downloads/aa2009/comment_summaries/interests.pdf. Accessed October 29, 2011. 19. Association of Washington Business. Environment. 2011 legislative review. 2011. http://www.awb.org/magazine/enom/2011/legislative_review/pdf/wab_biz_leg_review2011 _7.0.pdf. Accessed October 2, 2011. 20. Washington State Legislature. Senate Bill 5604. 2011; http://search.leg.wa.gov/pub/textsearch/viewroot.asp?action=html&item=0&x=1028084747& p=1. Accessed October 28, 2011. 21. Walton EJ. The persistence of bureaucracy: A meta-analysis of Weber's model of bureaucratic control. Organizational Studies. 2005;26(4):569-90. 8