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Abstract

This study explores recent rulemaking interactions of agricultural and regulatory parties in developing best management practices for agricultural dust control. Regulatory outcomes are predicted based on each party’s interests and power utilizing a mutual gains negotiation framework. A triangulated research design reveals that the final rules satisfied the economic objectives of agricultural interests, met the rulemaking expediency of the regulators, and likely failed to significantly mitigate dust pollution. The analysis provides rare empirical support for the concern that a collaborative rulemaking process can be captured by regulated interests in the sense that required changes in regulatee operational practices are minimized in the adopted regulations with the, at least temporary, approval of the regulator.

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