|

The U.S Emperor's new edict on regulation

Byoliveridley

Wow, plutocracy-protectionary principle alert.

Chemical & Engineering News: Latest News – Changing The Rules On Regulations

A new directive from President George W. Bush to federal agencies adds layers of bureaucracy to the process of issuing regulations and gives the White House greater control over agencies’ rules. Critics say the directive, issued Jan. 18, will slow down regulation. They say it also shifts regulatory priorities, which were set by Congress in federal laws, away from protection of health and environment to economic rationales. Some industry groups, including the U.S. Chamber of Commerce, praise the directive. “It’s the first truly significant attempt by an Administration to hold federal bureaucrats to account and insist they act with discretion when imposing new and expensive burdens on businesses and consumers,” says William Kovacs, the chamber’s vice president of environment, energy, and regulatory affairs. Under the new directive, agencies can regulate only when they can demonstrate to the White House Office of Management & Budget (OMB) that the free market is not producing the desired results of the rule, such as health protection. To show that a new rule is warranted, agencies must identify what economists call “market failures”—such as when an industrial sector with unfettered pollution sells its products more cheaply than it would have had it included the cost of pollution control into the price of its goods.

Sounds reasonable, does it not! All the good buzzwords thrown in there, “Cost-Benefit Analysis”, “Market Failure”, etc. But note that the burden of proof is on the regulating body to come up with a clearcut “proof” before passing regulation.

In addition, the directive requires each agency to have a presidentially appointed “regulatory policy officer.” The agency cannot begin work on a new rule—even one required by Congress through a law—until it gets a green light from its regulatory policy officer or unless the head of the agency gives approval.

The Emperor gets to appoint a viceroy to police the agency to ensure that no such regulation will get passed.

Note the modus operandi:

  1. Appoint lackey to head agency
  2. Appoint viceroy to oversee regulation
  3. Rewrite rules to increase power of executive over legislative
  4. Shift burden of proof away from the regulated to the regulators
  5. Slash budgets so regulating agencies cannot do the work adequately
  6. Hound competent employees out of the agency
  7. Routinely bash said agency as an example of “big government”. Repeat steps 4-7 as often as necessary to ensure “success”

Banana republic, indeed.

Similar Posts

  • Duke Energy wants your money to pollute you

    Byoliveridley

    Charlotte Observer | 06/06/2007 | Green groups lose effort to block Duke plant

    AAAAAAAAAAAAAAAAAAAAAARGH!!! STOP BUILDING COAL POWER PLANTS NOW!!! – NO MORE COAL WITHOUT SEQUESTRATION!!

    How’s that for a bumper sticker?

    The N.C. Utilities Commission upheld its March decision to allow Duke to build one 800-megawatt unit. The commission in March had rejected Duke’s request to build two units. Environmentalists subsequently asked the regulators to reconsider their decision allowing one unit.

    The commission’s ruling shifts the battle over Duke’s proposed Cliffside project to the N.C. Department of Environment and Natural Resources, the agency that is considering an air quality permit for the proposed power plant. When the draft permit is issued later this year, the organizations will likely contend that the Cliffside project is not using the cleanest technology available and is falling short of federal air quality standards.

    “We’re using all available legal tools to stop a dirty power plant from being built,” said Michael Shore, a senior air policy analyst at N.C. Environmental Defense. “Everything is an attempt to delay and hopefully prevent construction.”

    In their appeal to the utilities commission, the environmentalists contended that the Cliffside project is not the most economical choice, but rather the “worst-cost” option. Last year, the capital cost of two Cliffside units was estimated at $2 billion, but this year Duke revised the costs, saying that building one unit would cost $1.8 billion.

    The cost of building, financing, maintaining and operating power plants is paid by utility customers through electric rates.

    Note that this project at the enormous cost of 2 billion dollars is funded entirely by increases in NC utility bills. So, not only are they shafting us thoroughly, they’re using our money to do it, the temerity. I am pissed off, and I have no choice to buy power from anyone other than the morons at Duke Energy where I live. it’s Duke, or candlelight for me!

    The battle shifts to the NC-DENR, which will need to issue an air quality permit. It’s time for all groups involved to delay this project until NC comes up with a viable climate change mitigation policy that wil make plants like these completely unviable. It’s a good thing that this is the exact strategy they’re going for! Maybe our legislators and regulators should take the time to read their local paper.

    On some days, stretches of Nags Head have no dry beach, and visitors have to sit under the front-row houses at high tide. The resort that once thrived by the sea is being swallowed by it.

    “We are losing the town,” Cahoon said. “As sea level rises, our tax base goes away.”

    Other, more subtle changes are under way along the coast, not just on the fragile barrier islands. As salt water pushes farther upriver, some rivers are widening into estuaries, tidal bodies of water where fresh and salt water mix. Freshwater swamps are changing to salt marsh.

  • Corporate tax cuts, solutions to credit crisis top PM's agenda

    Byoliveridley

    The Conservative tally and their wins in all regions of the country will give them enough power in the Commons to press ahead with their economic agenda, which, among other things, includes $50 billion in corporate tax cuts and possibly big-buck solutions to easing the credit crunch. The party also promised in the campaign to enact a tougher crime package aimed at young offenders in particular.

    Corporate tax cuts, solutions to credit crisis top PM’s agenda

    Yes more tax cuts is always the answer, and lock up the kids!! Don’t pay any attention to crumbling infrastructure, or increasing homelessness or the inadequacy of funding for the healthcare system. Just cut taxes for the rich, worked out very well for our Southern neighbours!

    Under the current system, the Conservatives will need to really screw up to lose power. They are the only right of centre party in the country, and under our unrepresentative and unresponsive system, one will need a big percentage point swing towards the Liberal, or a complete collapse of the NDP, or the other way around to change the reality. Alternatively, a split in the conservative vote as existed till a few years back.

    My neighbouring riding of Saanich-Gulf Islands is clear indication of vote splitting, and other major problems with our election system. The conservative candidate won by about 2500 votes with the Green Party candidate drawing 6500 votes and the skinny dipping candidate who pulled out of the election, but did not withdraw his name won 3500 votes, how about that! Atleast voter turnout was more than 50%.

    We need any system other than a first past the post I can win with 60% of the electorate voting against me system.

  • Canadian Federal Government GHG Mitigation – FAIL

    Byoliveridley

    Two central programs that the Conservative government has claimed will result in significant reductions in Canada's greenhouse gas emissions are nearly impossible to verify, the federal environment commissioner says.

    A tax credit intended to encourage public transit use, part of the maiden Tory budget in 2006, will “lead to negligible reductions” in Canada's greenhouse gas emissions and the tools to measure its impact don't yet exist, Scott Vaughn's audit of the government's tools for cutting air emissions found.

    And impressive claims that a $1.5-billion climate change trust fund would lead to an 80-megatonne cut in emissions by giving provinces money to go green appears to be based more on a best-case scenario that may be flawed, the audit found.

    Not that the Conservative government is serious about its climate change mitigation strategies. Their programs were easily tagged as worse than useless. A transit tax credit is useless without increasing transit options, discouraging urban sprawl and increasing automobile fuel efficiency. I like the fact that I can get $10 off a monthly bus pass with this program, but in the end, most people will pay 10 bucks a month if it means getting to work in half an hour, instead of an hour and 15 minutes. When you use exclusively tax based solutions, everyone optimizes their short term gains and nothing happens in the long term.

  • | |

    Green Building in India: NOT

    Byoliveridley

    There is a buzz about green buildings. But the question is: what does one mean by building green? And how does one design policies to make the green homes of our dreams?Green is not about first building structures using lots of material and energy, and then fixing them so that they become a little more efficient. Building green is about optimizing on the local ecology, using local material as far as possible and, most importantly, building to cut the power, water and material requirements.

    via Green buildings: how to redesign | Centre for Science and Environment.

    Sunita Narain makes some excellent points about building in India, and how western architecture influenced glass facades, closed buildings, etc. make little sense in India, and how traditional building concepts, optimised for local conditions would make more sense.

    Two points:

    1. Traditional buildings are not necessarily optimised for density. To fit a lot of people in a little space, you need to build up. No, not 100s of stories, but fives and tens? It would be interesting to figure out that contradiction. But I’m no architect and I don’t know the answer
    2. The glass facade concrete skyscraper jungle look is associated with aspirational prosperity, ask any affluent Indian what they like about Hong Kong, or New York, or Singapore, and the shiny buildings will figure pretty high on the list after cleanliness and shopping. This is the kind of building associated with modernity and “class”. Making a sealed glass and concrete hell hole work in regions of high heat and humidity without large amounts of energy use for air conditioning is difficult.

    It appears, though, that at least some people are thinking about this, as this book, helpfully titled Tropical Sustainable Architecture, would attest to.

    BTW,
    Sunita Narain’s editorials for the Down to Earth magazine are always thoughtful, and required reading for anyone interested in India’s development and environmental issues.

  • Environmental Racism at work

    Byoliveridley

    Could not get any clearer than this.

    ScienceDaily: Study Verifies More Hazardous Waste Facilities Located In Minority Areas

    The other side of that argument is that the hazardous waste facilities came first, which causes the neighborhood demographics to change. As that argument goes, the more affluent white people move out, and poorer minority people are forced to stay or move in, said Paul Mohai, a professor in the U-M School of Natural Resources and Environment. However, done in collaboration with Robin Saha, a former U-M PhD student and post-doctoral scholar, now an assistant professor at University of Montana, shows that minorities were living in the areas where hazardous waste facilities decided to locate before the facilities arrived. Their study also shows that the demographics in the neighborhoods were already changing and that white residents had already started to move out when the facility was sited. “What we discovered is that there are demographic changes after the siting but they started before the siting,” Mohai said. “Our argument is that what’s likely happening is the area is going through a demographic shift, and it lowers the social capital and political clout of the neighborhood so it becomes the path of least resistance.”

    This is not just about the money. Over and above social capital and political clout, it seems that race trumps all.

    Using the new method, researchers have found that racial disparities in the location of hazardous waste facilities are much greater than previous studies have shown. Furthermore, the disparities persist even when controlling for economic and sociopolitical variables, suggesting that racial targeting, housing discrimination and other factors uniquely associated with race influence the location of the nations’ hazardous waste facilities.

    Depressing.

  • | |

    Colonialism: Environmental Edition

    Byoliveridley

    Does put recycling in context…

    Independent Online Edition > Environment

    Regardless of how carefully you separate your waste, there is a good chance a disposal firm will dump it all in together with other kinds of plastic trash and ship it to the developing world to be dealt with by a family of migrant workers earning a pittance. They will deal with the salad-bar container, the pistachio ice-cream container and the superfluous bag for carrots in your shopping basket in a variety of different ways – it may be recycled, it may become landfill or it may simply be burnt. Whatever happens, it is generally not a priority for the waste disposal company. Britain dumps around two million tonnes of waste in China every year, everything from plastic mineral water bottles to shopping bags and other forms of superfluous packaging from some of the country’s biggest supermarkets.

    Same for India as well. The article says that all of this “recycling” is illegal. But how do you hide 200,000 tonnes of plastic waste?

    Read the whole article, it is tragic. Some highlights:

    So too are the many and varied health complaints suffered by the local population, who risk multiple skin ailments and exposure to potent carcinogens as they touch the contaminated materials. Poisonous chemical effluents stream into their water supply, turning it black or lurid red, and studies by Greenpeace show that acid rain is the norm in this region. Children are prone to fevers and coughs. Their skin is often disfigured by the toxic plastic waste they have to process.

    A report by the University of Shantou on the town of Guiyu, another Guangdong recycling hub, showed that more than 80 per cent of local children suffer from lead poisoning.

2 Comments

  1. wow, that was a clear and simple explanation. Thanks for laying it out in an algorithm. I totally got it ! kudos !

  2. Pingback: In Praise of Red Tape « The Olive Ridley Crawl

Comments are closed.