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Reversing the Environmental Deficit

As the recession grinds on, financial news continues to grab front-page headlines. The national deficit is a central flashpoint for controversy, triggering debate on the appropriate balance between spending today and increasing our children’s growing mountain of debt. In the midst of this battle, it is easy to overlook another looming problem: the growth of the environmental deficit. Overall, we are spending down the planet’s “natural capital” at unsustainable rates. As the nation’s most thoughtful minds address our economic woes, their wisdom provides three important lessons for environmental sustainability. The moment is particularly ripe for such analysis as the international community struggles with the overwhelming issue of climate change, certainly a key to achieving any sort of sustainable environmental future.

Re-regulation to promote responsibility: Even as taxpayers bailed out financial institutions deemed too big to fail, executives received huge bonuses. Growing outrage has prompted a call for increased governmental oversight, reversing the nearly three-decade deregulatory agenda initiated by Ronald Reagan, who mocked durable federal agencies and programs as “the nearest thing to eternal life we’ll ever see on this earth.” Even Alan Greenspan, former chairman of the Federal Reserve and a staunch supporter of deregulation, admitted in 2008 that his “whole intellectual edifice” had collapsed and that he was in “shocked disbelief” to discover that his faith in the unregulated free market had been woefully misplaced.

In the environmental realm, this deregulatory frenzy most recently manifested itself through a spate of “midnight regulations” promulgated by the Bush administration during its final months. These agency rules—largely invisible to the general public—dismantled numerous important environmental safeguards. For example, in the name of “streamlining” the permitting process for coal mines, one new rule would have allowed over 1,000 miles of Appalachian streams to be filled with the debris from so-called “mountaintop removal” mining, as entire peaks are blasted off to expose underlying coal deposits. A second late-term rule, ostensibly enacted to “clarify” existing requirements and to produce a process that is “less time-consuming and a more effective use of our resources,” would have allowed federal agencies to conduct activities that may harm threatened or endangered species without even consulting federal wildlife experts. In all, the Bush administration rushed through dozens of such regulations.

Learning from our financial mistakes, federal environmental agencies must promote a culture of responsibility, supported by vigorous federal oversight to protect the public interest. Fortunately, the Obama administration has begun to reverse some of the de-regulatory efforts of previous administrations in areas including mountaintop removal mining, endangered species consultations, and oil and gas development on environmentally sensitive federal lands. But those efforts must continue. Of particular concern is the powerful White House OMB Office of Information and Regulatory Affairs (OIRA). Its new director, Cass Sunstein, must be vigorously encouraged to reverse OIRA’s tilt toward industry.

Acknowledging risk: The financial crash was triggered in part by an irresponsible trivialization of risk. As Chairman Greenspan acknowledged, he had depended upon a deeply flawed risk-management paradigm because “the data inputted into the risk-management models generally covered only the past two decades, a period of euphoria.” With brutal honesty, one loan analyst summed up the problem: “A bond could be structured by cows and we would rate it favorably.” Faulty risk assessment has been used—in many cases deliberately—to thwart environmental protection. For example, a 2008 report by the Inspector General found that Bush administration officials, without scientific or economic training, had edited technical reports to promote political ends. As a result, risks to endangered species were deliberately downplayed, preventing protection of vulnerable species in at least a dozen cases. Likewise, the risks of climate change were intentionally trivialized by non-scientists in the Bush White House hundreds of times to advance their political agenda.

Applying lessons from the financial sector, environmental risk analysis must be improved. Often, as critics note, the cost-benefit methodology is applied indiscriminately as a “one-size-fits-all technique for policy problems as varied as regulating mercury emissions from power plants to the roof strength standard for new automobiles.” Moreover, over-use of the methodology is prone to abuse by OIRA. As critics have observed, the OIRA review “has served mainly to suppress regulation thought to be excessive” on political, rather than technical, grounds. Reform should begin with two critical steps. First, we must acknowledge that cost-benefit analysis is often inappropriate for environmental issues. Second, cost-benefit analysis must develop techniques to provide an accurate monetization of environmental benefits, realizing that they are not mere market commodities.

Consuming sustainably: Until recently, the prevailing economic wisdom encouraged a frenzy of borrowing and lending. In the environmental realm, similar frenetic behavior has encouraged the present generation to spend down the planet’s “natural capital” by consuming environmental resources at an unsustainable pace. The World Wildlife Fund’s Living Planet Report 2008 concluded that environmental consumption is so excessive that “if our demands on the planet continue at the same rate, by the mid-2030s we will need the equivalent of two planets to provide the resources to maintain our lifestyles.” Reversing this trend of unsustainable consumption will require both legal and cultural change at profound levels. For more than 30 years, Congress has imposed sustainability mandates upon numerous federal agencies, a responsibility often ignored. Now we must breathe new life into the commitment to sustainability, recognizing that our very lives may depend upon the success of that effort.

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Christine Klein | October 21, 2009

Reversing the Environmental Deficit

As the recession grinds on, financial news continues to grab front-page headlines. The national deficit is a central flashpoint for controversy, triggering debate on the appropriate balance between spending today and increasing our children’s growing mountain of debt. In the midst of this battle, it is easy to overlook another looming problem: the growth of […]

Matt Shudtz | October 20, 2009

Sunstein Watch: OMB Meddling on Endocrine Disruptor Screening Program Means Shifting a Key Burden From Industry to EPA

Greenwire and the Los Angeles Times ran pieces last week shining a light into a dark corner where staff at the Office of Information and Regulatory Affairs once again meddled in scientific regulatory programs where they do not belong, second-guessing EPA’s administration of the Endocrine Disruptor Screening Program (EDSP). The program, mandated by Congress under […]

Rena Steinzor | October 19, 2009

Sunstein Watch: Old Habits Die Hard on the Regulatory Killing Ground; Don’t OMB Economists Have Better Things to Do Than Channel Industry Opposition to EPA Science?

Before Cass Sunstein had spent much more than a week as the official director of the Office of Information and Regulatory Affairs (OIRA), he invited us over to the White House to talk about how he wanted to shape his small office of economists and statisticians into a strong force for progressive policy within the […]

Shana Campbell Jones | October 19, 2009

Sen. Cardin’s Chesapeake Bay Bill Has Much to Laud, and a Bit to Improve

The Chesapeake Clean Water and Ecosystem Restoration Act of 2009, introduced today by Senator Ben Cardin (D-Md), is a marked improvement from legislation in past years and demonstrates the Senator’s continued leadership on restoring one of this country’s greatest natural resources. The bill rightly emphasizes the implementation and enforcement of the Bay-wide Total Maximum Daily […]

Catherine O'Neill | October 16, 2009

EPA Touts Remedy That Leaves Fish Off LA Coast Contaminated with DDT and PCBs for Years

With some fanfare, the EPA announced last week that it has selected a cleanup strategy for the Palos Verdes Shelf (PVS) Superfund Site off the coast of southern California – an area that has been termed “ the world’s largest DDT dump.” The EPA touts its plan as “a major milestone” that puts the site […]

Ben Somberg | October 15, 2009

EPA Announces CWA Enforcement Plan

The EPA today released a 15-page Clean Water Act Enforcement Action Plan prepared by the agency’s Office of Enforcement and Compliance Assurance. Back in early July, Lisa Jackson had directed the enforcmeent office to develop a plan, and to “report back to me within 90 days with your recommendations.” The EPA seems to be saying […]

Robert L. Glicksman | October 15, 2009

EPA Steps Up to the Plate on Clean Water Act Enforcement. Congress Needs to Step Up, Too

Just about a month ago, the New York Times published a story in which it documented an alarming failure on the part of federal and state officials to enforce the principal federal law designed to protect the quality of the nation’s surface waters, including rivers, lakes, and streams. According to that story, fewer than three […]

Holly Doremus | October 14, 2009

Civil Disobedience and Climate Change

This item cross-posted from Legal Planet. On Friday, the New York Times carried a story about Tim DeChristopher, the economics student in Utah who bid on federal oil and gas leases at an auction last December as a form of protest against global warming. DeChristopher was the winning bidder on 14 parcels, but admits that […]

Thomas McGarity | October 13, 2009

Amendment on Consumer Financial Protection Could Block Citizens From Taking Banks to Court

The debate over whether Congress should create a Consumer Financial Protection Agency, as recommended by President Obama, has recently taken a disturbing turn. Apparently, some congressional Democrats have been receptive to complaints from the big national banks that the current bill does not preempt state laws and regulations that are more stringent than the regulations […]