- France and Sweden rapidly decarbonized their electric grid while continuing economic growth by going nuclear. Why don’t we? [Joshua Goldstein, Staffan Qvist and Steven Pinker, New York Times]
- Washington state appeals court rules “valve turner” activist entitled to present “necessity defense” arguing that “he had no choice but to break into a pipeline facility to save the planet from global warming” [Daniel Fisher, Legal NewsLine]
- Are Canadian climate suits losing steam? [Todd Shepherd, Free Beacon; Stewart Muir, Toronto Sun]
- On fuel blend mandates: “The only good reason for making corn into ethanol is for whiskey.” [Glen Whitman via David R. Henderson, EconLib]
- “Percolating in Washington State: Export-Terminal Permit-Denial Suit Implicates Federalism and Foreign Commerce” [Donald Kochan and Glenn Lammi, Federalist Society]
- “Inflicting mass economic harm today in the hope of averting an unknown amount of environmental harm tomorrow is a leap of faith. … It’s not that the cities [filing climate suits] are necessarily wrong; it’s that they can’t know what they claim to know.” [Corbin Barthold, WLF]
- Organized efforts mount to blockade, shut down, and ban oil and gas infrastructure [David Roberts/Vox; Kevon Paynter] My two cents on Baltimore’s ban on new or expanded crude oil terminals, which follows moves against fuel infrastructure in Oakland and Portland [Free State Notes] Massachusetts judge approves “necessity defense” raised by protesters who blocked work on pipeline [Erin Mundahl, Inside Sources]
- Related: calls to ban hydrocarbon (even gas) utility generation stir backlash among some Democrats [Amy Harder, Axios] And not illogically given the distributional effects [Ronald Bailey, Reason]
- “$18 Billion Prize,” new stage play about Chevron/Ecuador case by Phelim McAleer and Jonathan Leaf, ruffles some Bay Area feathers [Daniel Kennard, National Review]
- Questions about curious study of GMO safety [Dan Vergano, BuzzFeed]
- “Creative Regulators and Environmental Protection,” Federalist Society panel video with C. Boyden Gray, Adam White, Robert Glicksman, Nathan Richardson, Caroline Cecot;
- Europe optimizes its train system for passengers, while U.S. optimizes its for freight. Which is the greener choice? [Coyote]
It’s a familiar libertarian insight that regulation often holds government itself to lower standards than it does private actors. Pension funds for public employees are mostly immune from the federal solvency and funding requirements that apply to their private counterparts; Federal Trade Commission rules against false advertising by private companies do not restrain false advertising by government actors on the same topics; the FTC can fine companies massively for data breaches even as the federal government itself suffers gigantic losses of sensitive data to foreign actors with few, if any, visible career consequences for those who had dozed; anticompetitive practices per se illegal under antitrust law become legal when the states engage in them, and so on and so forth.
Now David Konisky of Indiana University and Manuel Teodoro of Texas A&M, in a study published by the American Journal of Political Science entitled “When Governments Regulate Governments,” have taken a look at some data:
Our empirical subjects are public and private entities’ compliance with the U.S. Clean Air Act and Safe Drinking Water Act. We find that, compared with private firms, governments violate these laws significantly more frequently and are less likely to be penalized for violations.
For the study, Konisky and Teodoro examined records from 2000 to 2011 for power plants and hospitals regulated under the Clean Air Act and from 2010 to 2013 for water utilities regulated under the Safe Drinking Water Act. The study included over 3,000 power plants, over 1,000 hospitals and over 4,200 water utilities — some privately owned and others owned by public agencies.
* For power plants and hospitals, public facilities were on average 9 percent more likely to be out of compliance with Clean Air Act regulations and 20 percent more likely to have committed high-priority violations.
* For water utilities, public facilities had on average 14 percent more Safe Drinking Water Act health violations and were 29 percent more likely to commit monitoring violations.
* Public power plants and hospitals that violated the Clean Air Act were 1 percent less likely than private-sector violators to receive a punitive sanction and 20 percent less likely to be fined.
*Public water utilities that violated Safe Drinking Water Act standards were 3 percent less likely than investor-owned utilities to receive formal enforcement actions.
[After speculating that public operators may find it harder to raise funds promptly for needed facilities improvements:] Public entities also face lower costs for violating the regulations, the authors argue. There is evidence from other studies that they are able to delay or avoid paying fines when penalties are assessed. And officials with regulatory agencies may be sympathetic to violations by public entities, because they understand the difficulty of securing resources in the public sector.
A bankruptcy judge has dismissed a purported human-rights theory outré enough to have drawn interest from both the United Nations and American legal academia, saying the law guarantees no right to draw water from the Detroit municipal system for free or at rates dependent on ability to pay [Detroit News; Aaron Renn/City Journal and more]
- Coming to other towns soon: new stormwater regs ban car wash fundraisers at schools in Arlington, Va. [ArlNow]
- Krugman hides the ball on coal-fired utility regs [David Henderson]
- Coming in September: book on Chevron/Ecuador case by Bloomberg BusinessWeek’s Paul M. Barrett [Business Roundtable]
- Simplified narrative of “business versus environmental regulation” obscures so much [Tim Carney, Washington Examiner]
- Environmental disclosure panel from Vermont Law School “Disclosure Debates” [video, summary by Caitlin Stanton for VLR’s Environmental Health, links to all videos, background]
- California: “Attorney General Posts 2013 Proposition 65 Settlement Numbers” [Cal Biz Lit]
- “Silent Spring at 50: The False Crises of Rachel Carson” [Cato panel with Andrew Morriss, Richard Tren]
Half a century ago, selling the Tennessee Valley Authority was regarded as a free-marketeers’ politically impossible dream. Now guess who’s for it — and who’s against. (Hint on the latter: R-Tenn.) [Knoxville News via Future of Capitalism]
P.S. More on this welcome Obama initiative from Chris Edwards: “former Cato chairman Bill Niskanen was barred by Congress for even looking into TVA reform when he was on President Reagan’s CEA.” So progress marches on. And: Fortune 1933 article on TVA.
- More reactions, besides mine, to Senate’s non-ratification of U.N. disabled-rights treaty [Hans Bader, NYT Room for Debate including notably David Kopel’s, Julian Ku (“Support Ratification of the Convention on the Rights of Persons with Disabilities Because It Doesn’t Do Anything!”), Tyler Cowen (keep powder dry for bigger ratification battles), Peter Spiro (proposes end run around Senate)] More, Sept. 2013: Eric Voeten, Monkey Cage and more (dismissing as insignificant U.N. committee reports criticizing countries for alleged violations because “these reports can be and often are ignored,” and accusing treaty critics of being mere “conservative fantasists” because they take at their word their counterpart “liberal fantasists” who expect and welcome erosion of U.S. autonomy in domestic policy.)
- As Department of Justice rolls out Olmstead settlements to more states, battles continue between disabled rights advocates seeking closure of large congregate facilities and family members who fear mentally disabled loved ones will fare worse in “community” settings [Philadelphia City Paper via Bagenstos, NYT on Georgia, earlier, more background] More, Sept. 2013: And here’s someone claiming that I’ve got it all wrong, Olmstead has already pre-settled whatever claims to a right-to-care might reasonably be asserted under CRPD. I don’t think so.
- “Utilityman can’t climb utility poles, but has ADA claim against utility company” [Eric Meyer]
- Kozinski: Disney “obviously mistaken” in arguing against use of Segway by disabled visitors [Sam Bagenstos; related, Walt Disney World, Eleventh Circuit]
- Wendy’s franchisee agrees to pay $41,500 in EEOC settlement after turning away hearing-impaired cook applicant [EEOC]
- California enacts compromise bill aimed at curtailing ADA filing mills [Sacramento Bee, LNL]
- “Train your managers and supervisors never to discuss employees’ medical issues.” [Jon Hyman]
To get your power turned back on in the Rockaways, according to a spokesman for the Long Island Power Authority, you’re going to need a pre-inspection for your house not just from a licensed electrician, but from one licensed in NYC — nearby Nassau County, or upstate, won’t do. If occupational licensure makes any sense at all — and Milton Friedman had a thing or two to say about that — it certainly needs to be reconsidered under conditions of public emergency and disaster recovery, or so I argue in my new post at Cato at Liberty.
For more background on the Long Island Power Authority (LIPA) as a political football, by the way, check out Nicole Gelinas in the New York Post. Also on disaster recovery, why this might be a good time to rethink municipal ordinances barring property owners from removing old trees [Chris Fountain]. And: “Can customers sue power companies for outages? Yes, but it’s hard to win” [Alison Frankel, Reuters]
Will the Obama administration’s much-publicized restrictions on new coal burning electric plants really crimp the economy of the Midwest? Or, given that the market for new plants appears to have tipped decisively toward natural gas for the foreseeable future, do they amount to a “regulatory nothing-burger?” [Jerry Rogers and Peter Van Doren (Cato), Forbes, via David Henderson]