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The Chamber Rides Again: Crazy Costs, Mythical Benefits

Not to be outdone by the Small Business Administration’s aptly named Office of Advocacy, the Chamber of Commerce has issued its own breathless report on how many jobs we could save if we did away with environmental, land use, and utility regulations. Crunching a bunch of dubious numbers, the SBA Office of Advocacy’s consultants, Nicole and Mark Crain, claim that regulations cost $1.75 trillion a year, a number several of my CPR colleagues thoroughly debunked in a report issued in February. Undeterred and not to be outdone, the Chamber’s feverish Project No Project, released yesterday, claims that citizen opposition to polluting plants combined with “excessive” government permitting requirements to deny the economy a “$1.1 trillion short-term boost” and “1.9 million jobs annually.”

The premise of the Chamber’s report is that if busybody neighbors and fussy regulators would just get out of the way, 333 proposed “solar wind, wave, bio-fuel, coal gas, nuclear, and energy transmission projects” around the nation could be under way pretty darn quick, and if they were, they’d produce loads of money for the Chamber’s members and local economies, and a raft of new jobs. “In aggregate, planning and construction of the subject projects would generate $577 billion in direct investment,” says the Chamber. “The indirect and induced effects would generate an approximate $1.1 trillion increase in U.S. GDP, including $352 billion in employment earnings.”

And hey, if we just got rid of child labor laws and worker safety requirements, imagine how much more profitable all those projects would be!

Let’s get real for a moment. All major manufacturing and power plants in the United States must get a variety of permits before they can start construction. Environmental permits are key, as are local government zoning approvals, and, in the case of electric utilities, approvals from state agencies that supervise this still largely monopolistic industry’s pricing structure. It’s no surprise that all these approvals annoy utility executives, who nevertheless managed to record strong profits last year, as part of an industry that can brag of having three of the top ten spots in the Fortune 500’s list of most profitable corporations.

They’re doing a lot better than state governments, suffering the shocks and aftershocks of the recession. And state budget shortfalls, of course, are a major reason why permitting can sometimes take a little while, since they result in short-handed regulatory agencies. Another good reason is that regulators need to get it right. That’s a lesson we should have learned from the BP disaster in the Gulf, since the statutorily mandated rapid permitting process for deep-sea drilling essentially forced regulators to approve the project before they’d truly scoped out whether it was safe. (Spoiler alert: It really wasn’t.)

As it happens, ProPublica reported yesterday on a real world example of the Chamber’s approach to bypassing all those pesky safeguards. The new Republican Governor of Pennsylvania, Tom Corbett, is moving ahead with turning authority to “expedite” permitting over drilling for natural gas in the Marcellus Shale to C. Alan Walker, head of his Department of Community and Economic Development, a former energy company executive who contributed $184,000 to the Governor’s campaigns. ProPublica is following the story closely because it is in the midst of a series about the devastating effects of the drilling—known as fracking—on rivers, streams, and underground water supplies.

And, while I understand why the Chamber highlights delays in projects that rely on eco-friendly wind energy, the truth is that if its anti-regulatory argument prevailed, and environmental regulators were sidelined during the permitting process, the major beneficiaries would be fossil fuel projects, especially coal-fired power plants, with all the nasty pollution side effects that kind of development entails.

Such dangers are exactly why we need rigorous approval processes. If the industry is too impatient to go through a methodical approval process before launching these enormous and inherently dangerous operations, the solution is not to “expedite” permitting by clearing it out of the way. Rather, state governments should pass the costs of a more efficient, faster, but still rigorous permitting system on to the facilities that create the risk and require the scrutiny. But as a veteran of at least four rounds of such battles in the Maryland legislature, I am here to tell you that permit applicants are the first to scream bloody murder at any suggestion that they should pay for the government services they consume, unlike the rest of us who pay to have a dog, get a driver’s license, obtain license plates, or go fishing.

Oh, and while we are on the subject of the average person, how about all those citizen efforts to block construction of major industrial facilities in their neighborhoods, a bit of activism the Chamber deplores? In a surprising display of political tone-deafness, the Chamber was patronizing enough to include in its report the personal income per capita of the people who live in the states where those 333 projects would be located. The large majority have incomes below—often significantly below—$40,000. The Chamber argues that they obviously need jobs making electricity for the rest of us, despite the manifest dangers of living in the shadow of a power plant, especially one fired by coal. In the Chamber’s view, it’s way past time for them to learn that they need to get out of the way of progress, Chamber-style.

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Rena Steinzor | March 11, 2011

The Chamber Rides Again: Crazy Costs, Mythical Benefits

Not to be outdone by the Small Business Administration’s aptly named Office of Advocacy, the Chamber of Commerce has issued its own breathless report on how many jobs we could save if we did away with environmental, land use, and utility regulations. Crunching a bunch of dubious numbers, the SBA Office of Advocacy’s consultants, Nicole […]

Catherine O'Neill | March 11, 2011

In Coming Utility MACT, EPA Has Clean Air Act Authority to Make Big Strides in Protecting Americans from Mercury Pollution

By Wednesday of next week, EPA is due to publish its long-anticipated rule controlling mercury emissions from coal-fired utilities.  This is how we ought to judge the rule: does it follow the mandate of the Clean Air Act (CAA)? For too long, utilities have managed by various means to fend off regulation required by the CAA. Assuming EPA’s […]

Ben Somberg | March 9, 2011

Adler Op-Ed: Utah Working to Shut the Door to Citizen Involvement in Environmental Decisions

CPR Member Scholar Robert Adler has an op-ed in the Salt Lake Tribune looking at a series of developments in Utah — administrative actions as well as pending legislation — that could hinder citizen engagement in environmental decisions. The context, write Adler, is this: Whether or not one agrees that Tim DeChristopher was legally or […]

Amy Sinden | March 4, 2011

EPA Appears Poised To Give Troubling Role to Cost-Benefit Analysis In Setting Rules on Power Plant Cooling Water

When it comes to the use of cost-benefit analysis in setting environmental rules, it looks like President Obama’s EPA has taken a big swig of industry’s Kool-Aid. We’ll know for sure soon: The EPA has a March 14 deadline to issue its proposed Clean Water Act rule on cooling water intake structures at existing power […]

Ben Somberg | March 4, 2011

Press Examine Historical Evidence on the Costs of Regulation

Industry representatives have long made exorbitant claims about the costs of regulations, only to be proven wrong again and again. And despite that history, anti-regulatory campaigners repeat the scariest statistics their own experts come up with, even if those statistics were meant to include a range of possible outcomes, or included caveats of uncertainty. An […]

Daniel Farber | March 3, 2011

Michele Bachmann’s Unconstitutional Light-Bulb Bill

Cross-posted from Legal Planet. Michele Bachmann has introduced legislation to overturn the statute requiring the use of energy-efficient light bulbs, according to E&E News.  One  feature of the bill is its escape valve: Bachmann’s bill would allow the mandate to stand if the Government Accountability Office can prove the energy efficient bulbs would meet three […]

Catherine O'Neill | February 24, 2011

EPA’s New Boiler Rule Will Deliver Reduced — But Still Huge — Health Benefits

This post was written by CPR Member Scholar Catherine O’Neill and Communications Specialist Ben Somberg. The announcement from EPA Wednesday creating final standards for pollution from industrial boilers is being described by the press as “scaled back,” and “half the cost of an earlier proposal.” Those things are true, but the new regulation is no […]

Holly Doremus | February 23, 2011

Supreme Court Won’t Hear Critical Habitat Cases

Cross-posted from Legal Planet. The Supreme Court on Tuesday denied certiorari on two Endangered Species Act cases, Arizona Cattle Growers Association v. Salazar and Home Builders Association of Northern California v. US Fish and Wildlife Service. The cases were considered together because they raise the same issue: how the economic impacts of critical habitat designation […]

William Buzbee | February 23, 2011

Williamson v. Mazda: Sound and Clear Preemption Decision

The Supreme Court today issued its much-awaited ruling in Williamson v. Mazda. Could an injured or deceased plaintiff sue under common law for damages allegedly attributable to the lack of a rear inner seat seatbelt, when the Department of Transportation (DOT) had declined to require such belts while requiring other seat belts?   The case on its […]