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Pressing the Button

New in movie theaters this past weekend was a horror flick called, “The Box,” starring Cameron Diaz and James Marsden as a couple given a disturbing choice. They are presented with a mysterious box, equipped with a button. If they press the button, they’ll get $1 million, but someone they do not know will die.

The premise is striking, but it’s not quite so fictional as we’d like to think. Every day in the United States and across the globe, manufacturers produce products that cause unnecessary injury and death. Sorry to put it so bluntly, but there it is. Our lives are full of products that increase our risk of cancer or other deadly diseases – not just cigarettes, the harm from which is widely known and understood, but other products, including certain nonstick cookware, some kinds of paint, discarded computers and more. Manufacturers use production methods that pollute the air and water, doing violence to the environment and causing a broad range of public health problems. And then there’s the big one: carbon emissions from power plants and automobiles that are causing global climate change that will cause a variety of harms across the globe.

We countenance all these things for a complex set of reasons. We like our cancer-causing products, and because the risk to any one of us is small, each of us imagines we’ll beat the odds. Also, it’s difficult to trace diseases like cancer to specific environmental factors in individual cases. The connection is easier to demonstrate on a large scale, where it’s possible to compare groups that were exposed to a potential hazard with otherwise similar groups that were not, and calculate differences in disease rates. But excluding tobacco users, think about all the people you know who’ve had cancer at some point and ask yourself if you know what caused it. In my experience, there’s not typically a proximate cause suggesting itself. So I usually chalk it up to bad luck. And yet we know from a variety of studies that in fact, various products and manufacturing processes are increasing cancer rates and claiming lives.

Industry continues to make products that kill people because they make money. But more than that, they keep it up because we let them. And we do it consciously. It’s standard procedure in regulatory agencies to assign a dollar value to the expected loss of life resulting from the use or manufacture of some product in commerce. And using cost-benefit analysis rules first put into practice nearly 30 years ago, agencies try to figure out whether the projected benefits of a regulation – saving the lives of 300 people at $6 million a person, for example – are outweighed by the costs to industry of saving them. That sounds harsh and a little absurd, but in fact that’s exactly what happens.

As in the setup to the movie, the deaths are anonymous. But note, too, that the costs and benefits are paid and accrued by different people. Cost-benefit models that value life at $6 million a soul don’t bother accounting for the fact that industry gets the $6 million, not the family of their victim.

Not many of us would press thebutton, killing off a loved one for $1 million. And we certainly wouldn’t do it so that some international corporation can feather its bottom line by $6 million. But have no doubt: industry presses that button on a daily basis, with our acquiescence. While we’ve passed a variety of laws to protect ourselves from some of the harms that result, the truth is that as a society, we’re willing to let thousands of people die every year in the United States so that industry can keep making money without having to inconvenience itself by figuring out safer ways to make products. It’d be nice if regulation prevented that, but in fact, with cost-benefit analysis driving regulatory decisions, regulators are just raising the price a little.  

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Matthew Freeman | November 10, 2009

Pressing the Button

New in movie theaters this past weekend was a horror flick called, “The Box,” starring Cameron Diaz and James Marsden as a couple given a disturbing choice. They are presented with a mysterious box, equipped with a button. If they press the button, they’ll get $1 million, but someone they do not know will die. […]

Shana Campbell Jones | November 9, 2009

Administration Releases Draft Chesapeake Bay Strategy

Today the Administration released its draft strategy for the Chesapeake Bay. Public comment runs through January 8, and the final strategy is due in May. There’s a lot to read. But here’s one point off the bat that’s of note: Regulatory authority will be expanded to increase accountability for pollution and strengthen permits for animal […]

Alejandro Camacho | November 9, 2009

Climate Change Adaptation Still Being Given Short Shrift in Local, State, and Federal Government

Though few agencies or legislatures have begun to actually develop programs for cultivating adaptation to climate change, at least discussions on climate change adaptation are starting to take place. Unfortunately, as I detail in a forthcoming article, adaptation is still being given short shrift at local, state and federal levels of government, and those who […]

Ben Somberg | November 6, 2009

Looking at the California Water Bills

For an analysis of the news from California this week — where the legislature passed a group of bills Wednesday on water protection — do check out Richard Frank on Legal Planet, who looks at the good and the less-than-good. It commits substantial public funding and commitment to  desperately needed Delta ecosystem restoration. The bill […]

Amy Sinden | November 5, 2009

CPR’s Comments on OMB’s Draft Report on Costs and Benefits of Regulations: Why More of the Same?

Cass Sunstein had barely begun settling in to his new position as Administrator of OMB’s Office of Regulatory Affairs (OIRA) in September, when OIRA released a draft of OMB’s 2009 Report to Congress on the Benefits and Costs of Federal Regulations. Today marks the deadline for submitting comments to OMB on the draft, and I […]

Alice Kaswan | November 5, 2009

The Senate’s Refinements to Climate Change Legislation: Tailoring the Clean Air Act for Greenhouse Gases

The latest version of the Senate climate bill, released by Senator Boxer on Friday, October 30, retains EPA’s authority to establish meaningful facility regulations under the Clean Air Act (CAA) while freeing EPA of the obligation to implement CAA provisions that are ill-suited to controlling greenhouse gases (GHG). (Section 128(g): Amendments Clarifying Regulation of Greenhouse […]

James Goodwin | November 4, 2009

NRC Report on Hidden Costs of Energy Production and Use is Admirable, but Limited

Last month the National Research Council (NRC) released Hidden Costs of Energy: Unpriced Consequences of Energy Production and Use. Properly understood, the NRC report is an admirable attempt to bring the consequences of energy use into sharp focus by putting those consequences into terms that are readily understandable by the general public. The NRC recognizes […]

Ben Somberg | November 4, 2009

But Will There Be Any Fish Left Tomorrow?

CPR Member Scholar Rebecca Bratspies has a piece on the Atlantic’s food website today — “Saving Seafood From Extinction” — on how the National Marine Fisheries Service (NMFS) is making a last-ditch effort to overhaul the nation’s devastated fisheries. The agency’s new regulations — including lower catch limites — have faced some opposition, but the choice […]

Daniel Farber | November 3, 2009

Thoughts About the Future of Nuclear Power

Cross-posted from Legal Planet. Apparently, substantially safer designs for nuclear reactors are now available. But the safe storage and disposal of nuclear waste is a significant challenge and a yet unresolved problem. Presently, waste is stored at over a hundred facilities across the country, within seventy-five miles of the homes of 161 million people. The […]