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What Creates the Cost, Mr. President?

During the State of the Union address last night, no one was surprised to hear President Trump brag about all the work his administration has done slashing regulatory safeguards for health, safety, the environment, and financial security. It’s clearly one of his proudest first-year accomplishments — making us all less safe and more vulnerable to industries that profit by polluting the air and water, creating unsafe working conditions, using underhanded financial practices, or selling dangerous products. The president thinks that regulations that curb such misbehavior are simply too costly to indulge and refuses to acknowledge their value in any way.

If you listen carefully when he makes that pitch, you’ll notice that he would have us believe that safeguards for health, safety, the environment, and financial security generate untold “costs” for industry. But as with so many things that are clear to Donald Trump but that simply are not true, the source of the costs involved in regulation isn’t the rule, it’s the harm the rule seeks to prevent — the polluted air or water, the on-the-job safety hazards, the foodborne pathogens, the SUVs that roll over too easily, the wallboard that emits toxic chemicals, and so on. Those hazards create costs in the form of medical bills, lost wages, hard-earned savings lost to financial scams, fouled waterways that require cleanup, spoiled ecosystems, and more. Those are the original sins in the regulatory equation, not the requirement that they be prevented or mitigated. Those costs will be paid by someone, one way or another. So the truth Donald Trump doesn’t acknowledge is that regulations determine who will pay those costs — the company that creates them, or the rest of us.

As an example, let’s say I decided to change the oil in my car but didn’t want to take the time to take the used oil to a gas station for proper disposal. Instead, I just dumped it along the curb and let it ooze slowly into the storm drain, and eventually into the creek near my house that flows into the Potomac River and then into the Chesapeake Bay. If I got caught – and I sure hope I would – I’m sure that among other things, I’d have to pay for the cleanup. Would anyone whose name isn’t Rand (Ayn or Paul, that is) say that the source of the costs was Big Brother creating an unnecessary cost for a homeowner? Wouldn’t most of us agree that I had created the cost by dumping used motor oil into a storm drain, and that cleaning it up was my obligation, not my neighbors’? And wouldn’t we also agree that it’d be better and cheaper if I just took the stuff to a service station or a county transfer station to begin with and had it disposed of properly? And perhaps that should be a requirement?

So why should a polluting industry be able to shift the cost of its emissions — whatever its motor oil equivalent is — to the rest of us? Why should it be able to foist the costs off on its neighbors just because it does it on a massive scale and makes a huge profit doing so? Shouldn’t the companies that create hazards have to prevent or mitigate them?

That’s what Donald Trump and his allies will never acknowledge. They’d have you believe that safeguards for the environment, health, workers, and consumers serve no purpose, and that all they do is create costs. They’re wrong on both counts. Regulation seeks to make the companies that create costs pay them by preventing them from shifting the costs and burdens of their shoddy practices to the rest of us.

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Matthew Freeman | January 31, 2018

What Creates the Cost, Mr. President?

During the State of the Union address last night, no one was surprised to hear President Trump brag about all the work his administration has done slashing regulatory safeguards for health, safety, the environment, and financial security. It’s clearly one of his proudest first-year accomplishments — making us all less safe and more vulnerable to […]

James Goodwin | January 31, 2018

Government and Bureaucracy Play Essential, Fundamental Roles in American Life

President Trump’s first State of the Union address contained numerous outrageous claims and statements, rendering a full dissection and critique practically impossible. Many have already singled out one line of the speech as worthy of particular condemnation, so I’ll add mine. Early on, Trump made this statement to the rapturous applause of his conservative allies […]

William Funk | January 30, 2018

Breaking the Law: Many Trump Regulatory Rollbacks and Delays Are Unlawful

Progressives have rightfully taken issue with the Trump administration’s policy goals, from immigration to the environment, from health care to worker safety. Given the president’s decidedly unprogressive stances, one should not be surprised at the policy reversals from the prior administration. One might be surprised, however, and dismayed as well, at the cavalier disregard that […]

James Goodwin | January 29, 2018

The Congressional Review Act: Trump’s First-Year Participation Trophy

Perhaps because he has so few real accomplishments to his name, President Donald Trump has developed a nasty habit of embellishing his record. From the size of the crowd at his inauguration to the number of floors in Trump Tower, he simply won’t let a little thing like “reality” or “facts” or even “cardinal numbers” […]

Matt Shudtz | January 26, 2018

Looking Back on a Year of Trump’s Regulatory ‘Fire and Fury’

Next Tuesday, President Trump will share his view of the state of our union. And if his words correlate with his actions over the last year, the dominant theme will be one of division and disruption. Like no president in recent history, Donald Trump has pushed U.S. residents to cordon ourselves off into dueling tribes […]

Daniel Farber | January 25, 2018

Trump, EPA, and the Anti-Regulatory State

Originally published on The Regulatory Review. Reprinted with permission. The U.S. Environmental Protection Agency (EPA) is a central instrument of the modern regulatory state. Whether from the perspective of environmental protection or regulatory economics, 2017 has not been a good year. Experience to date under the Trump Administration is suggestive of industry capture or reflexive […]

Dave Owen | January 22, 2018

Implications of the Supreme Court’s Clean Water Rule/WOTUS Ruling

Originally published on Environmental Law Prof Blog. Today, the United States Supreme Court decided National Association of Manufacturers v. Department of Defense, a case determining whether challenges to the "Clean Water Rule" or "Waters of the United States Rule" should be heard in federal district court or in the United States Court of Appeals for […]

Laurie Ristino | January 17, 2018

Farm Bill 2018: Down Payment on an Effective Conservation Title

This blog post is the first in a forthcoming series on the 2018 Farm Bill. As Congress begins the complex task of crafting the next Farm Bill, much is at stake – from conservation to “food stamps” to rural economies. This blog post is the first in a series addressing important policy considerations with an […]

Alejandro Camacho | January 11, 2018

Turning Power Over to States Won’t Improve Protection for Endangered Species

Professor Michael Robinson-Dorn of the University of California, Irvine co-authored this article with Center for Progressive Reform Member Scholar and University of California, Irvine Professor Alejandro Camacho. It originally appeared in The Conversation on January 11, 2018. Since the Endangered Species Act became law in 1973, the U.S. government has played a critical role in […]