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Richard L. Revesz and Michael A. Livermore

Richard L. Revesz and Michael A. Livermore

Posted: January 4, 2011 12:48 PM

When human health and safety are at risk, Americans expect their government to protect them. We assume we are guarded against risks like lead in children's toys or poisons in our drinking water. And for the most part, these protections deliver benefits well beyond what they cost.

A proposal on Capitol Hill would require Congress to vote on every large regulation put forward. The measure (PDF), given the acronym "REINS," and introduced by Jim DeMint in the Senate and Geoff Davis in the House, has as its goal slowing down what they call "costly anti-free market regulations that are destroying jobs." But its real effect will be to grind action by administrative agencies nearly to a halt.

By focusing exclusively on the downsides of regulation, and not the benefits, the implication of this proposed legislation is that protecting the health and safety of Americans is not worth the costs that regulated entities must pay. But in fact, the opposite is often true: These rules can produce billions of dollars in net benefits.

Such protections generate economic value through lives saved, lower hospital bills or energy costs, and increased worker productivity from fewer health problems. Many times, these benefits significantly exceed the costs of the additional technology and changes in production processes needed to meet the regulatory requirements.

For example, a recent proposal by the Obama administration (which may end up being tabled for a year) to regulate hazardous air pollutants from industrial boilers would generate billions in net social benefits, largely due to a reduction in premature deaths.

Starving government authority and refusing to impose any costs on businesses means devaluing human health and safety to $0. Economically speaking, that simply doesn't make sense. If Republican committee members focus exclusively on how much regulations cost, they risk both bad economics and implying that the many obvious benefits of environmental protection -- like saving lives -- aren't important.

Of course there are costs for protecting health and safety -- agencies calculate in fine detail the economic downsides of creating a new rule. But often these numbers are overly cautious -- relying on industry-provided estimates that fail to account for speedy adaptation and innovation in the marketplace.

This is a scene we have seen played out again and again: EPA moves to regulate hazards like workplace benzene exposure or acid rain. Howls of fear emerge from industry, understandably averse to an unpredictable risk that comes with little reward for regulated businesses. They warn us of unlikely worst-case scenarios of lost jobs, shuttered plants, and higher prices. When the rules go into effect, instead of calamity, a smooth transition is made: businesses find clever, cost-cutting ways to comply, sending the price tag of the regulation plummeting.

It is worth noting that there is already a process in place to check to make sure regulations generate net economic benefits. For each regulation deemed to have an effect on the economy of $100 million or more (the same trigger used in this bill,) the federal government runs the numbers through the Office of Management and Budget to ensure that Americans will receive a high return on their investment.

It's true that not every regulation makes perfect sense: there are plenty that could be tweaked and improved, some that should no longer be on the books, others that are inadequate to the task.

But ironically, given the severe limits on the number of contested issues that can be resolved each year in Congress, the DeMint-Davis Bill will make it extremely difficult to improve regulation. Between a finite legislative calendar and the reality of hyper-partisan politics, there is little hope that Congress will be able to efficiently and effectively address regulatory matters. As a consequence, the bill would effectively doom us to the regulatory status quo, with serious risks that still need to be addressed and rules that need to be updated.

Slowing down the regulatory process often means imposing needless harms on the American public, from lives lost to unnecessary illness. In an attempt to reduce compliance costs for industry, this bill shifts greater costs onto everyone else.

 

Follow Richard L. Revesz and Michael A. Livermore on Twitter: www.twitter.com/policyintegrity

 
 
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HUFFPOST SUPER USER
Lance Manling
04:32 PM on 01/06/2011
You are proposing that the precautionary principle should be the law of the land, as it is in Europe. This principle assumes that no cost is too great if a health benefit is perceived (no proof needed). Also, you deceive the public in your interpretation of the actions of the CBO. It is rare that a regulation actually generates an economic benefit. The only people that believe that nonsense are academics and regulators.
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Malcolm Hensley
Last of the Reagan Republicans
04:24 PM on 01/06/2011
You guys are so 1990's!

The DeMint/Davis bill is a knee jerk reaction to peoples complaint about the loss of jobs in the last 10 years. The problem is the two edge sword that government is swinging, regulations and free trade. In the 90's and before free trade one edge was dulled with tariffs.

You talk about cost benefits like lower hospital cost and better productivity which was all true in the 90's! Then you mentioned how business found clever new ways to deal with the new regulations, in the 90's that would include innovated thinking today it means shutting down plants here and outsourcing to other nations to get around the new EPA regulations.

You talk about all those benefits let's look at what it is doing to the poor and minorities. Compare the percentages of entry level factory jobs here today verses the 90's. Compare the numbers of minorities in prison today as those entry level factory jobs have disappeared! Are you so blind you don't see the connection?

See everyday a report from Asia about how people there are being poisoned or injured to produce a little cheaper product there instead of here!

I've come to the conclusion the reason we have sacrificed the livelihood of minorities here and have looked away from the poisoning and injury of people of color in Asia South/Central America is RACISM! Would we tolerate Europeans white kids being poisoned by lead from a battery factory. I don't think SO!
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Malcolm Hensley
Last of the Reagan Republicans
11:12 AM on 01/07/2011
The solution is to give the EPA the power to tax or add tariffs on products sold here in the U.S. based on their environmental impact. This solves a lot of problems for the planet in a hurry. People are not going to willing to create new super fund sites around the world if their products carry a large tariff because of it. They won't be able to sell their product. Or a large tariff because they pollute there rivers to make a product.
Genders
Love, Tolerance, Enlightenment
06:50 PM on 01/05/2011
Yes, Thank you! The USA is far better off than the former USSR because the soviets destroyed their environment. How many BP's Valdez do we need to see the absolute requirement for strong effective preferable simple regulations. Amazing that people want to do away with all regulations.
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Lance Manling
04:34 PM on 01/06/2011
How many simple regulations are required? You must have never read the CFR.
Genders
Love, Tolerance, Enlightenment
07:44 PM on 01/06/2011
Simpler. As Einstein said, all theories should be a simple as possible, but no simpler.
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spriddler
06:22 PM on 01/05/2011
I would be the first to agree that good regualtions generate often times orders of magnitude more in benefits than in costs. There have however been several recent regulations that will have major costs and little or very questionable benefits to society. The biggest of course is the push by the EPA to regulate CO2 emissions. Right now we don't have the technology to elminate CO2 emissions. We can shift to more natural gas for power electricity generation. Buildings can be made more efficient, but there is a fairly small amount that can be done. There are no scrubbers that can take CO2 out of emissions like there are for NOx. The benefits of such regulation cannot be objectively quantified. CO2 is not the least bit harmful to humans in any direct fashion. The costs of global warming are the only harm it can do. However, even if we reduce US emissions beyond everyone's wildest expectations, our reductions will be swamped by increases in emissions from the developing world. In effect we will be imposing severe costs on our industry that will amount to no more than a tiny mitigation of the effects of global warming at best.

There are a great many regualtions being rolled out over the coming years that were created by the PPACA. Many of them should have a positive net effect. A few of them most certainly will not though.

darn it, ran out of space,,,
Genders
Love, Tolerance, Enlightenment
07:00 PM on 01/05/2011
Solar, wind and waste bio fuels are already the cheapest source of energy for millions of Americans and billions of people around world. Even without CO2 we should shift to green energy.
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spriddler
05:35 PM on 01/06/2011
A buddy of mine is an economist for a retail energy company. They buy long term contracts with generators and then offer 5 yr fixed rate contracts to their customers. He has first hand knowledge of how much power costs in IL,CA, TX, OH, and NY. In those states at least wind generally comes in at around twice the cost of a typical basket of coal/nuclear baseload and gas fired peak load plants. Solar comes in at around 10 x's the normal cost. They would almost never buy power from wind or solar if they were not mandated to do so. Its not because they have anything against it personally. They have a business to run and as of yet wind and solar make next to zero sense.
Genders
Love, Tolerance, Enlightenment
07:17 PM on 01/06/2011
One of the big reasons rooftop solar is the cheapest source of energy for millions of Americans, is the elimination of the utility as a middleman. Please don't reference private anecdotal examples, because they are meaningless. Waste bio char and bio fuels are saving many small farms already, by turning waste into profit.
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spriddler
10:20 AM on 01/07/2011
If it truly was the cheapest option for millions of Americans then millions of Americans would have solar installed. I would put panels on my roof in a heartbeat. True I haven't done the calculation in almost a year, but last time I did it, with the tax breaks, the panels were not going to pay for themselves before their expected 20 year life span. Now if electricity rates shoot up dramatically that wuold not hold true, but there is no reason to expect that for the foreseeable future.
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Malcolm Hensley
Last of the Reagan Republicans
11:08 AM on 01/07/2011
I'm sorry but the pay back is just a little short of the life expectancy of the solar panels. It for some reason they get damaged and need to be replaced then you lose.

As for bio fuels you can't seriously believe we can grow our way out of this energy crises without starving people?

As for farms using bio fuels, I use to make bio-diesel until the market fell out, made some interesting products from the waste which is always a problem. We ran pilot plant trials with Anearobis decomposition and digestion, also pyrolysis. Found them to be surprisingly labor intensive and you had to have a fair size farm to make it worth the while. I actually liked pyrolysis the best. Put that being said the most I see under the best circumstances is 15-25% of our energy needs.
02:18 PM on 01/04/2011
"Between a finite legislative calendar and the reality of hyper-partisan politics, there is little hope..."

Yep that pretty much sums up the entire next Congressional session.