January 2012

CEI Weekly is a compilation of articles and blog posts from CEI’s fellows and associates sent out via e-mail every Friday. Also included in the Weekly newsletter is a brief description of CEI’s weekly podcast and a feature on a major CEI breakthrough made during the week. To sign up for CEI Weekly, go to http://cei.org/newsletters.


CEI Weekly
April 2, 2010


>>CEI Joins Coalition to Bring Privacy Laws Into Digital Age
The Digital Due Process coalition, which includes CEI, the ACLU, and the Center for Democracy & Technology, was launched this week to urge for safeguards limiting governmental access to individual information stored online. The coalition has proposed core principles for reforming federal privacy laws, which were covered on CNETthe New York Times and the Chicago Tribune.


>>CEI’s Human Achievement Hour a Media Success
CEI’s “Human Achievement Hour” enjoyed plenty of coverage this week in several publications including the USA Today, the Vancouver Sun, the Brisbane Times, the Hindu, the Montreal Gazette, the National Post, the Global Post, the Toronto Star, the American Thinker, BBC Radio, ABC News Sacramento, and the Herald Sun.


>>Shaping the Debate
NASA Data Worse Than Climate-Gate Data, Space Agency Admits
Chris Horner’s citation on Fox News

Fix Immigration Rules to Crush Black Market
Ryan Young and Alex Nowrasteh’s op-ed in the Detroit News

‘Cap and Trade’ Loses Its Standing as Energy Policy of Choice
Myron Ebell’s citation in the New York Times


>>Best of the Blogs
Climategate Whitewash
by Iain Murray
The UK’s House of Commons Science and Technology Committee has issued its report into the so-called Climategate scandal.  As might be expected, it’s pretty much a whitewash, except as detailed below.  Only one MP dissented from its conclusions.  There seem to me to be some serious errors and omissions in the reports, but I’m not the only one.

On the Hill: Anti-Consumer Wine Shipping Regulations
by Angela Logomasini
Recently the House Judiciary Subcommittee on Courts and Competition Policy held hearings on alcohol regulation and the three-tier system. You can watch the hearing online and read written testimony as well. It is good that policymakers are focused on the mess created by anti-competitive alcohol regulations. But rather than considering ways to fix a bureaucratic and unfair regulatory mess, the subject was legislation that promises to make things worse.


>>LibertyWeek Podcast
Episode 86: Maximum Toyota Overdrive
Richard Morrison, Jeremy Lott, and William Yeatman bring you episode 86. We cover the unfolding Obama agenda on Capitol Hill, Wayne Crew on manufacturing and innovation, roadblocks for U.S. companies in China, the Toyota sudden acceleration story and a media roundup from Human Achievement Hour.

>>Support CEI

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Charles Huang

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Competitive Enterprise Institute

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Good Friday, April 17, 1992: I’d just started a great job at Investor’s Business Daily in Los Angeles, and two weeks earlier I’d purchased the car of my dreams, a beautiful, blue Toyota MR2 Turbo. To me, at least, it looked like a small Ferrari. It was fast and sleek. I was taking my girlfriend, Mary, who had just recently followed me out from Denver, where we’d met, to see a city she’d always dreamed of visiting: San Francisco.

But we were in no hurry, and I wanted her to see the majestic beauty of the central California coastline. That meant taking the Pacific Coast Highway. Cut into the cliffs and filled with sharp, winding turns, it can make for a white-knuckle ride in many parts. As the driver, you take quick glances at the scenery and then shoot your eyes back to the road. A front-page article in the Monterey County Herald would later be aptly titled “The Beauty and Danger of Highway 1.” An accompanying piece: “Rocks and Surf below Highway Become Tomb for Some.”

Those articles would be about us.

My essay “A Good Friday to Remember” isn’t my usual fare, but judging from my email so far it’s a powerful piece. It will make even a skeptic – somebody like me – think about the possibility of miracles.

What do you get from a phony flu scare? Among other things, lots of worthless vaccine.

“Despite months of dire warnings and millions in taxpayer dollars, less than half of the 229 million doses of H1N1 vaccine the government bought to fight the pandemic have been administered – leaving an estimated 71.5 million doses that must be discarded if they are not used before they expire.” So reports the Washington Post‘s Rob Stein.

Actually, it’s billions of dollars but who’s counting? And actually Rob Stein contributed to all this with such article ledes as: “Swine flu could infect half the U.S. population this fall and winter, hospitalizing up to 1.8 million people and causing as many as 90,000 deaths – more than double the number that occur in an average flu season, according to an estimate from a presidential panel released Monday.”

Of course, who knew better back then in August? Well, I did. Just days later in the Philadelphia Inquirer I noted statistics showing swine flu to be vastly milder than seasonal flu and said swine flu appears to be replacing the current seasonal H1N1 virus. Therefore, as one former WHO epidemiologist told me, “My bet is that the coming [U.S.] season will not be too severe – at or below that of a usual flu season.”

And indeed, the latest CDC estimate, with the flu almost gone, is that 12,000 Americans have died this season as opposed to the typical 36,000. And as I’ve written, data from other countries indicate the CDC estimates are almost certainly far too high. Did I have access to any information the Washington Post didn’t? Or for that matter The New York Times or Wall Street Journal or USA Today and on and on? Obviously not.

Of course, now the media have moved on to a new hysteria: “Runaway Killer Toyotas.” And they’re playing the same game. Why was I the one who exposed the “runaway Prius” hoax? Did I have access to any information the rest of the media did not?

And yet they’re still not telling the truth about the hoax.

Four days after my piece appeared, the Washington Post declared driver James “Sikes said he tried to free his gas pedal with his hand but did not say whether he put the car in neutral.” As I had noted he repeatedly said he did not try to put the car in neutral, including at a press conference available on the Web and in a CNN interview on the Web. And importantly, the reasons he gave showed beyond any doubt he was lying. That’s why it’s important to the Post that its readers not know that.

The media still pursue stories to be sure. But if you believe they place much value on pursuit of the truth, might I inquire as to the address of the rock under which you’ve been living?

“Terror on the Roads: Runaway Toyotas,” was the title of an entry on a prominent Brazilian blog March 31.

But today Toyota Motor Sales reported March sales increased 35.3 percent over the same period last year, on a daily selling rate (DSR) basis.

Meanwhile the Harvard Business Review has analyzed a survey of U.S. American vehicle owners conducted between February 20 and March 2 to find out how they feel about Toyota. They found “Toyota owners’ overall satisfaction was in line with other vehicle owners’.”

Said the journal:

These respondents aren’t living under rocks. Both for Toyota and non-Toyota owners, 93% of respondents had heard about the recalls. But contrary to media prognostications, the recalls don’t appear to have affected the Toyota brand image adversely among its customers. Toyota owners, compared to owners of other vehicles, agreed more strongly that Toyota appropriately handled issues with respect to the brake-pedal recall; they were more likely to say they believed that this incident is an outlier, that typically Toyota has a strong reputation for quality, and that recall shows Toyota’s commitment to customer safety.

Toyota owners:

. . .did not believe that “domestic automakers such as GM, Ford, and Chrysler are catching up to Toyota and Honda in either safety or reliability.” And regarding the big question, “Would you buy another Toyota? Again, the results were clear. Toyota owners did not believe they would be less likely to buy a Toyota vehicle in the future because of sudden accelerator furor, indicated greater willingness than non-Toyota customers to consider buying a Toyota, and considered Toyota to be one of the most reliable automotive brands.

Together these indicate that Toyota sales may not suffer in the long term, unlike with Audi after it suffered its own sudden acceleration witch hunt in the 1980s. That said, tort lawyers have filed suits that could cost the company many billions of dollars. What the free market system perhaps won’t do, the legal system very well could.

In what could be one of its most paternalistic moves, the Food and Drug Administration is considering banning menthol in cigarettes – not because menthol itself is considered dangerous but because too many African-Americans smoke menthol cigarettes, and menthol may be a “gateway” smoke for young people.  An FDA panel focused on these thorny issues relating to menthol this week, with a view toward taking possible future action.

So let’s get this logic straight: members of a particular race particularly like that cool menthol taste, so the FDA wants to keep them from enjoying their smokes.  The top government nanny also says that menthol — because it tastes good – is used by cigarette companies to lure young people to smoke.

Given the fact that the FDA has tight restrictions on cigarette marketing and sales to young people under new rules that go into effect in June, and companies aren’t distributing free menthol cigarettes in the schools, it sounds like any youth who is “lured” into smoking menthol cigarettes is bumming the smokes.  Here’s a summary of the FDA’s new rules from a medical website:

  • Bans sale of cigarettes or smokeless tobacco to anyone under age 18.
  • Forbids tobacco brand-name sponsorship of any “athletic, musical, or other social or cultural event, or any team or entry in those events.”
  • Bans sale of cigarette packs containing fewer than 20 cigarettes.
  • Bans sale of cigarettes via vending machines or self-service displays “except in very limited situations.”
  • Prohibits free samples of cigarettes and limits samples of smokeless tobacco.
  • Forbids gifts in exchange for buying tobacco products.
  • Allows only words — and no music or sound effects — in audio ads for tobacco products.
  • Bans the sale or distribution of gear, such as hats and T-shirts, with tobacco brands or logos.

Those rules are pretty stringent, but Health and Human Services Secretary Kathleen Sebelius says they’re not enough where children are concerned.  She noted that somehow, some way, tobacco companies are getting to the kids:

“Despite a ban on direct marketing to young Americans, tobacco companies have still found a way to reach out to them,” Sebelius said at a news conference. “It’s no accident that Marlboro, Camel, and Newport, the three brands that spend the most on ads, are more preferred by children than by adults.”

The FDA panels this week are part of what is expected to be a year-long review of menthol, even though Dr. Joshua Rising, an FDA scientist, said that limited data “do not suggest that menthol cigarettes are associated with an earlier age of initiation.” And what words for adult smokers who like their menthol cigarettes?  Trust the FDA to protect you with a ban or a phase-out or an additional warning for menthol.

President Obama’s stimulus package set aside $8 billion in subsidies for high-speed rail projects in the United States (known as the High-Speed Intercity Passenger Rail (HSIPR) Program). Vice President Biden, the administration’s most vocal passenger rail supporter, apparently believes countries should be judged based on the amount of money their governments spend on infrastructure boondoggles.

Amtrak has been a fiscal black hole since its creation, and these moves will likely exacerbate an already costly problem. Meanwhile, the intercity bus market has grown, with vibrant competition keeping fares low and improving the quality of service. Megabus, a subsidiary of the U.K.’s Stagecoach Group, launched in 2006 and now has routes throughout the East Coast and Midwest—they offer tickets priced as low as $1 and provide free unpriced Wi-Fi access. Subsidized high-speed rail poses a threat to this competitive industry, and consumers will be the ultimate losers.

The rail romantics and eco-know-nothings have managed to convince much of the public that magical trains of the future are the remedy to every perceived transit and environmental woe. The next time you come across someone spouting this Rah! Rah! Rail! nonsense, remember that there are many good reasons to oppose government-financed high-speed passenger rail. Here are a few:

• Amtrak has been engaging in predatory pricing for decades, running up massive operating deficits while charging passengers artificially low fares. This has retarded the growth and competitiveness of the private intercity bus industry, robbed consumers of more choices in domestic travel, and bilked taxpayers out of billions of dollars.

• There is no evidence that Obama’s HSIPR Program will produce any management efficiency gains. The traditional (inefficient) model of government-run passenger rail is essentially unchanged.

• Government-run high-speed rail faces several inherent management and implementation problems: retraining employees (maintaining high-speed and traditional heavy rail require different skill-sets), NIMBY concerns, right-of-way disputes with freight carriers, and increased politicization (and thus the risk of government failure) of American travel.

• Buses travel on existing highway corridors and do not require a massive new infrastructure. There are plenty of arguments in favor of adjusting the public financing mechanisms for roads, but that is irrelevant in this context.

• Because trains require rails and can move only forwards and backwards, many rail projects are tied to “comprehensive redevelopment” plans that work against the claimed environmental benefits of trains vs. roads, even if the locomotives in question emitted zero pollution. In addition, these plans necessitate central planning on a grand scale, increase eminent domain abuse, and incentivize assaults on property rights. Buses, in contrast, can depart and arrive virtually anywhere and re-route at will given road conditions.

• Private bus operators have successfully expanded to new markets throughout the Midwest in recent years. The high-speed rail project in the low-population Hiawatha corridor from Milwaukee to Minneapolis, for example, puts private bus operators in direct, unfair competition with government-subsidized high-speed rail.

The Climategate scandal showed how several of the world’s top climate scientists were hell bent on keeping “skeptical” views out of the scientific literature and in particular, the IPCC reports.  If you wanted an illustration of how this actually worked in practice, then economist Ross McKitrick has a doozy for you.

Ross realized that one of the IPCC’s central claims, one that could be regarded as foundational, was fabricated and provably false.  He wrote a paper demonstrating this and proceeded to be given the run-around by every climatic journal he submitted it to, despite mostly positive reviews.  In the end he had to publish it in a statistical journal, where it will likely be ignored by the climate science clique community.

Ross concludes:

In the aftermath of Climategate a lot of scientists working on global warming-related topics are upset that their field has apparently lost credibility with the public. The public seems to believe that climatology is beset with cliquish gatekeeping, wagon-circling, biased peer-review, faulty data and statistical incompetence. In response to these perceptions, some scientists are casting around, in op-eds and weblogs, for ideas on how to hit back at their critics. I would like to suggest that the climate science community consider instead whether the public might actually have a point.

Read the whole thing by downloading Ross’s paper here (PDF link).

Roger Pielke Jr agrees with Ross here, noting:

This is exactly the situation that has occurred in the context of disaster losses that I have documented on numerous occasions. In the case of disaster losses, not only did the IPCC make stuff up, but when challenged, went so far as to issue a press release emphasizing the accuracy of its made up stuff.

no_consensus_scr

Cartoon from Cartoons By Josh.

As threatened, the new CAFE standards have arrived, with the EPA muscling in on territory reserved by statute to the Transportation Department. As Marlo Lewis and I have noted repeatedly, this is an unconstitutional
step on a road to economic devastation
.

However, in the light of recent events, this quote in particular caught my eye:

Gloria Bergquist, vice president at the Alliance of Automobile Manufacturers, said . . . “We have a hill to climb, and it’s steep, so we will need consumers to buy our fuel-efficient technologies in large
numbers to meet this new national standard.”

Even with very high gas prices, Americans have been unwilling to buy fuel-efficient vehicles in the same numbers as Europeans, because they rightly regard them as less safe. When the president talks about how
vehicles have not become more efficient over the past few vehicles, he is being disingenuous, because they have actually become much more efficient at providing more horsepower and more mass for the same amount of fuel. That’s what consumers want and in many cases need, but that’s also what makes this a particularly steep hill for the auto manufacturers to climb.

With the principle that the Federal Government can mandate that individuals purchase something now established with the Obamacare Act (although that too is unconstitutional, as my colleague Hans Bader explains), how long before we see an act of Congress aimed at forcing Americans to buy unsafe but fuel-efficient vehicles?

A chicken in every pot and a fuel-efficient car in every garage . . . or else!

Cross-posted from The Corner.

As the strain on state and local government budgets around the country worsens, public employee unions have gone on the defensive, painting themselves as scapegoats for the financial crisis, reports The Wall Street Journal. Union leaders claim that elected officials are taking their financial troubles out on their workers. Yet if public employees are victims of anything, it is of union chiefs’ over-promising of lavish compensation well into the future.

Many on the left (including labor leaders) often call on everyone to pay their “fair share” (usually of taxes). By the logic of their own rhetoric,  public employees should do their “fair share” of cutting back during the recession. That hasn’t been the case.

Many private-company workers have seen their retirement accounts shrivel, while public-sector benefits have been relatively unscathed. Defined-contribution plans such as 401(k)s had $3.33 trillion in assets at the end of 2009, down 4% from $3.48 trillion in 2006, according to the Federal Reserve. Such accounts have lost value even though companies and workers contributed $100 billion over that period.

The rise in public-sector benefits has attracted the ire of citizens like Paul Nelson, a semi-retired investor in Upper Saddle River, N.J. Mr. Nelson, 59 years old, has a son at Northern Highlands Regional High School, where the principal says the school may have to cut teachers and increase class size. “Most public employees have retirement and health-care plans that private-sector employees can only dream of,” says Mr. Nelson.

State and local politicians bear a major share of the blame, not only by extending collective bargaining to the public sector, but also by acceding to union demands time and again. While undesirable, this is understandable. Public officials don’t face the competitive pressures to hold down costs that private businesses face. And while they do face constraints in the size of their budgets and potential negative reaction from taxpayers, those constraints only function in the present.

Thus, many public sector collective bargaining agreements back load benefits, in the form of pensions, well into the future. By the time the bill for those benefits comes due, the politicians who negotiated the union agreements will be out of office, leaving the mess for someone else to sort out. And quite a mess it is.

At the root of governments’ problems today are promises made in past decades. As a group, state and local governments have promised an estimated $3.35 trillion in pension and health-care benefits to be paid over the next three decades, but are estimated to have 70% of the money to cover those payments, according to the Pew Center on the States. Pension and health costs can consume 20% of city and state budgets.

California offers a view of the fallout. The state’s largest pension fund, the California Public Employees’ Retirement System, known as Calpers, is estimated to be only 57% to 65% funded. Having suffered investment losses in recent years, the state has had to dip deeper into its revenues to make up the funding gap. Last year, a budget impasse forced the state to issue IOUs for taxpayer refunds.

It wasn’t long ago that California was going the other way, based on a different set of assumptions. In 1999, the state’s Democratic-controlled legislature and then-governor Gray Davis passed a law expanding benefits for many state employees. A proposal prepared by Calpers—the $200 billion fund that manages money for 1.6 million of the state’s employees, retirees and their beneficiaries—forecast that the boosted benefits would be paid for entirely by investment gains.

In addition to being optimistically generous, public employee pension funds have underperformed because of politicized investment strategies that seek to advance social goals rather than focus exclusively on maximizing returns, as fiduciary duty requires. (It is worth noting that union officials sit on many state employee pension fund boards.)

While some public sector unions have agreed to concessions, it’s been when their employers — state and local governments — are facing financial disaster, as in the case of Toledo, Ohio, which as the Journal reported yesterday, “narrowly averted having the state take over its finances by filling a $48 million budget gap late Tuesday. To tackle that deficit, Mayor Michael Bell had to take on the city’s police and firefighters’ unions and propose other controversial measures.”

As other states and cities work out ways to bring their budgets under control, public employee unions may have to agree to more such concessions, due to dire state of those governments’ finances. But they never should have gotten to that point in the first place.

Worse, many union bosses may decide to wait for a taxpayer bailout rather than make concessions. As columnist Mark Hemingway explains in today’s Washington Examiner, pension underfunding is also a major problem among private sector unions, where a bailout effort is already under way. As he notes, “Rep. Earl Pomeroy, D-N.D., has introduced legislation to explicitly put taxpayers on the hook for failing union plans.”

(Subscription needed for Wall Street Journal links.)

For more on public sector unions, see here and here.

For more on pensions, see here, herehere and here.

A regulation passed in 2005 states that “at least 10 percent of all business at the airport selling consumer products or providing consumer services to the public are small business concerns (as defined by regulations of the Secretary) owned and controlled by a socially and economically disadvantaged individual (as defined in section 47113(a) of this title).

The requirement that the size of a business be taken into account is puzzling; a company’s size has little to do with whether it will do a good job or not.

I would also argue that airports are disadvantaged enough, having already to deal with the TSA, the FAA, the DOT, and others. Snark aside, airports are poorly run, almost without exception. Forcing them to hire vendors and contractors on factors other than price and performance is unlikely to improve matters.

Disadvantaged business quotas bring up a third issue: What happens if a disadvantaged business owner prospers through her hard work, and can no longer be considered disadvantaged? Does she get kicked out of the airport?

That thorny question would have been put to rest on April 21 of this year, when a built-in sunset provision would have made the regulation expire. Wayne Crews and I have written before favoring sunset rules for all new regulations. It’s a painless way to automatically get rid of rules when they become obsolete, or that turn out to be more trouble than they’re worth.

If a rule merits another five years on the books, Congress should be able to vote on it.

In this case, however, the Department of Transportation is getting set to renew the disadvantaged quota program all by itself. Permanently.

According to the DOT, leaving in the sunset provision “would simply cause confusion and disruption, making it more difficult for all parties concerned to carry out their responsibilities under the statute.”

Laws are supposed to be made by legislative branch, not the executive. What we have here is one more case of regulation without representation, out of thousands. You can read all about it in today’s Federal Register.