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Cheaper to Pollute in China than in the United States? Yes, But…

A recent article on Forbes.com, "China: Where Poisoning People Is Almost Free," gave great examples of just how cheap it often is to pollute in China. And it pointed to potential consequences:

While companies can get away with pollution atrocities for years, the Chinese government, in the long run, may have to pay a high price for allowing it: political instability triggered by the unanswered grievances of pollution victims.

Manufacturers, of course, can and have moved overseas to countries -- China being a major destination -- with light pollution controls.

So if poisoning people in China is 'almost free,' what about here? There are costs to upgrading plant technologies to meet regulations, and costs for the pollution permits themselves, for example. And it's a good thing we have the environmental laws and regulations we do.

But what if you're a non-point source of pollution? Say, the industrial hog farm in North Carolina that spreads manure on the land, only to have it run-off during a storm and poison local streams with antibiotics, excess nutrients, and biological contaminants like E.coli. Non-point source pollution falls outside of the Clean Water Act's permit requirements and enforcement mechanisms. So, no permit required. Although the CWA authorizes voluntary state planning and management programs to deal with nonpoint source pollution, it is essentially unregulated by the CWA . Efforts to strengthen nonpoint source pollution controls through the Total Daily Maximum Load levels have been aggressively resisted, if not shut down completely, by affected industries. Consequently, non-point source pollution has become the dominant cause of water pollution today.

So for many companies in the United States, poisoning the environment can be almost free too. Our waters, like the Chesapeake Bay, pay the price.

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Ben Somberg | September 1, 2009

Cheaper to Pollute in China than in the United States? Yes, But…

A recent article on Forbes.com, “China: Where Poisoning People Is Almost Free,” gave great examples of just how cheap it often is to pollute in China. And it pointed to potential consequences: While companies can get away with pollution atrocities for years, the Chinese government, in the long run, may have to pay a high […]

Matt Shudtz | August 31, 2009

New EPA White Paper on Probabilistic Risk Assessment

Earlier this month, EPA released for public comment a new white paper on probabilistic risk assessment, marking the Obama Administration’s first major foray into the contentious debate about EPA’s evolving risk assessment methods. Back in May, EPA Administrator Lisa Jackson announced changes to the way the Office of Research and Development (ORD) will update risk […]

Yee Huang | August 28, 2009

Nationwide Implications from EPA Nutrient Pollution Settlement

Last week, the Environmental Protection Agency agreed to set specific, statewide numeric standards for nutrient pollution in Florida, marking the first time the EPA has forced numeric limits for nutrient runoff for an entire state. This settlement, based on a 1998 EPA determination that under the Clean Water Act all states were required to develop […]

Yee Huang | August 27, 2009

Lake Lanier Case a Lesson on Water Resources and Land Use Planning

In July, a federal judge settled a nearly 20-year legal dispute among Alabama, Florida, and Georgia over the use of water from Lake Lanier, dealing a tough blow to Georgia. The Army Corps of Engineers constructed Buford Dam in the 1950s, creating Lake Lanier as a reservoir for flood control, navigation, and hydropower. But Atlanta […]

Holly Doremus | August 26, 2009

Would a CO2 ‘Monkey Trial’ Improve Scientific Integrity and Transparency?

Cross-posted by permission from Legal Planet. As reported in the L.A. Times and Wall Street Journal, the U.S. Chamber of Commerce has petitioned EPA to hold a trial-type hearing before finalizing its proposed finding that greenhouse gas emissions endanger public health and welfare. (We blogged about the proposed endangerment finding here.) The main argument in […]

Alice Kaswan | August 26, 2009

Why a Cap-and-Trade System Needs a Regulatory Backstop

As fellow environmental law professors David Schoenbrod and Richard Stewart take their advocacy for market mechanisms and skepticism about regulation public, with an op-ed in the Wall Street Journal on Monday, I thought it was time to speak out in favor of a role for regulation. They claim that the climate change bill that passed […]

Rena Steinzor | August 25, 2009

Obama EPA Takes Strike One on Atrazine

The publication of in-depth investigative reporting on complex regulatory issues is a phenomenon that has become as rare as hen’s teeth, and I greeted the front-page story in Sunday’s New York Times on the perils posed by atrazine with a big cheer. Unfortunately, despite reporter Charles Duhigg’s best efforts, the response of Environmental Protection Agency […]

Holly Doremus | August 24, 2009

Atrazine in Drinking Water

This item cross-posted by permission from Legal Planet. Atrazine is suddenly very much in the news. Sunday’s New York Times features a major story about whether the EPA’s current standard for acceptable levels of atrazine in drinking water is tight enough to protect human health. Yesterday’s Peoria Journal carried a story about a class action […]

Rena Steinzor | August 21, 2009

The Grassley Crusade against Medical Ghostwriting: Let’s Not Burn Witches at the Stake

Sen. Charles Grassley (R-IA), of late in the news for his role as power player in the health care debate, has long enjoyed a reputation as a Republican maverick. One reason for that reputation is his highly publicized crusade to improve ethics in the medical profession, specifically with respect to “ghost writing” of medical journal […]