CEI General Counsel Sam Kazman talks about how ever-stricter energy efficiency regulations are making washing machines more expensive and less effective than they used to be. Sam recently wrote about the issue for The Wall Street Journal; you can read his article here.
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CEI’s Sam Kazman has a great quote on the PCAOB case in James Freeman’s article today in the Wall Street Journal. Although the case, being heard by the Supreme Court this morning, may seem to deal with an esoteric Constitutional issue of appointments to the Public Company Accounting Oversight Board, Freeman points out the broad effects and costs of this board’s oversight, especially of Section 404 of the Sarbanes-Oxley Act.
The board is charged with making sure that Sarbox’s Section 404 rules on “internal controls” over bookkeeping are implemented. These rules are so onerous that companies have had to undertake exhaustive investigations of such minor issues as how many people should be required to authorize small customer refunds at a retail location.
Freeman concludes with Kazman’s quote and a succinct summary of the problem:
Is all this fuss about board appointments just legal hairsplitting? Sam Kazman, general counsel of the Competitive Enterprise Institute, one of the plaintiffs suing the PCAOB, doesn’t think so. He notes that “responsibility for bureaucrats was a fundamental issue for the Framers,” and that the appointments clause was created “as an essential check on overweening bureaucracy. As colonists of England, they had seen offices created by both the king and Parliament spawn more offices with no accountability, creating what the Declaration of Independence refers to as a ‘multitude of new offices’ and ‘swarms of officers to harass our people and eat out their substance.’”
Today, people who work at public companies-and their investors-understand this problem perfectly.
This week, CEI criticized Consumer Reports for reporting a high-performing shower head to federal authorities-not because it is defective or fraudulently advertised, but because it exceeds government limits on shower head water flow. CEI General Counsel, Sam Kazman had this to say about the review:
“Consumer Reports has it backwards, [...]Its duty is to consumers, not bureaucrats. It should not be acting as a nosy bathroom cop, trying to toss good products in the slammer just because they violate some intrusive federal regulation. More basically, people ought to be able to use whatever shower fixtures they want, just like they can decide how long a shower to take. This is a really victimless crime.”
Amanda Carpenter of the Washington Times commented on the issue in Tuesday’s paper.
“Sound the alarm. Consumer Reports has alerted the environmental authorities about a law-breaking shower head.”
EPA, meanwhile, is planning to reduce shower head flow even more in the near future. Mr. Kazman stated that Consumers Union, the magazine’s publisher, “will probably support this, because it, like the federal government, doesn’t care if consumers get soaked.”
In June, the Competitive Enterprise Institute made waves by releasing internal e-mails from the Environmental Protection Agency. In those messages, a top administrator told a key researcher that the researcher’s new report would not be released. Why? Because it does “not help the legal or policy case” for a controversial decision to treat global warming as a health hazard. In short, because researcher Alan Carlin’s conclusions differed from the administration’s political agenda, his research was ignored.
“Economists are the most likely professionals within EPA to examine the real-world effects of its policies,” said Kazman. “For this reason, the NCEE is a restraining force on the agency’s out-of-this-world regulatory ambitions. EPA would love to get that office out of the way, especially since it has within it civil servants like Dr. Carlin, who are willing to expose the truth about EPA’s plan to restrict energy use in the name of global warming.”
Over the past two months, I’ve chronicled the plight of EPA whistleblower Alan Carlin at the hands of Team Obama’s dissent-stiflers. My friends at the Competitive Enterprise Institute first blew the lid on the story and continue to monitor the war on EPA watchdogs. The latest development? EPA may get rid of a key internal review office that has provided too many inconvenient truths
Today’s excerpt from CEI’s film, Policy Peril: Why Global Warming Policies Are More Dangerous Than Global Warming Itself, is on two global warming policies Congress has adopted: fuel economy standards and biofuel mandates.
Here are my previous posts in this series:
- Policy Peril: Looking for antidote to An Inconvenient Truth? Your search is over.
- Policy Peril Segment 1: Heat Waves
- Policy Peril Segment 2: Air Pollution
- Policy Peril Segment 3: Hurricanes
- Policy Peril Segment 4: Sea-Level Rise
- Policy Peril Segment 5: Is the Science Debate Over?
- Policy Peril Segment 6: Cap and Trade
To watch today’s film excerpt, click here. To watch the entire film, click here.
The text of today’s film clip immediately follows. It includes footnotes to additional commentary and supporting information.
Narrator: If stopping new coal is the global warming movement’s top priority, a close second is jump-starting a ‘beyond petroleum’ transport system. They propose to do this by tightening new-car fuel economy standards. Why?
A car that gets more miles to the gallon emits less CO2 per mile [1]. But the federal fuel economy program, also known as CAFE, has serious downsides.
Sam Kazman (General Counsel, Competitive Enterprise Institute): Now there are lots of problems with fuel economy mandates. One thing, they raise new car prices. [2] Secondly, they restrict consumer choice. [3] But the worst thing is an effect you never hear their advocates talking about. Namely, fuel economy mandates kill people. [4]
Narrator: Here’s why. Heavier cars provide more mass to absorb collision forces, and bigger cars provide more space between the occupant and the point of impact. [5] Make a car smaller and lighter, and it will go farther on a gallon of gas.
Kazman: But you also make it less safe. According to the National Academy of Sciences, the current CAFE standard by downsizing cars, contributes to about 2,000 fatalities per year. [6]
Narrator: Legislation Congress passed in December 2007 requires a 40% increase in fuel economy by 2020. [7] In 2007, only two out 1,153 vehicle models met the new standards. [8] So expect more downsizing in the years ahead.
Another ‘beyond petroleum’ policy is to require the sale of alternative fuels. In December 2007 Congress also mandated that motor fuel producers sell 36 billion gallons of ethanol a year by 2022, with 15 billion gallons coming from corn kernals. [9] The result, we’re diverting massive quantities of grain from food to auto fuel. This contributes to the surge in global grain prices that is pushing millions of the world’s poorest people to the brink of starvation. [10]
But at least ethanol cuts down on CO2 emissions, right? Actually, no.
Dr. Dennis Avery (Hudson Institute): As we expand the cropland, then we get into the real trouble, because we release the greenhouse gas that’s stored in the soil as carbon. And with corn, we release twice as much gas as we would have released if we burned gasoline in the first place. [11]
[1] A gallon of gasoline (which weighs about 6.3 lbs.) produces 20 lbs. of CO2 when burned. If a car gets more miles to the gallon, it will emit fewer lbs. of CO2 per mile driven. The relationship between fuel economy (mpg) and lbs. CO2/mile is so strict that EPA bases its fuel economy ratings of vehicle models on tests that measure the carbon content of the emissions, principally CO2.
Unsurprisingly, virtually all CO2-reduction options for new motor vehicles are fuel-economy-increasing options. See p. 10 of the National Automobile Dealer Association’s comment on EPA’s reconsideration of California’s request for a waiver to establish greenhouse gas emission standards for new motor vehicles.
[2] There are basically two ways to increase fuel economy–downsizing (making cars smaller and lighter) and new technology. Typically, advanced technology costs more than conventional technology. The Energy Information Administration, for example, estimates that California’s greenhouse gas/fuel economy standards, which President Obama recently adopted, will increase the average price of a new car by $1,860 in 2016. [Obama's program will also impose heavy burdens on the nearly prostrate U.S. auto industry, as economist Keith Hennessey explains.]
[3] The CAFE program all but killed the market for large station wagons, because automakers could not produce millions of these once popular “family cars” and meet the CAFE standard for their vehicle fleets.
In addition, as a general matter, because fuel economy mandates increase vehicle cost, they inevitably price some consumers out of the market for certain vehicle models, restricting their choices.
Ironically, the federal fuel economy program boost the production and sale of gas-guzzling SUVs. Consumers who might otherwise have purchased big station wagons instead bought large SUVs. Congress regulated SUV fuel economy less stringently because (1) SUVs are built on a light-truck chassis and thus are classified as trucks rather than as passenger cars, and (2) most SUVs traditionally were used for farming and business rather than commuting. Fuel economy standards helped create the boom market for low-mpg SUVs–a classic case of the law of unintended consequences.
[4] Sam debates the issue of whether CAFE kills with an analyst from Natural Resources Defense Council (NRDC) here.
[5] I am always amazed when people with scientific credentials deny the safey implications of regulatory-induced vehicle downsizing. How can they claim that size and weight don’t matter? That’s denying the laws of physics. There’s a reason why boxing matches don’t pit lightweights against heavyweights, or why marathon runners don’t play professional football.
Yes, new technology can improve the crashworthiness of small cars. But, as Sam explains elsewhere, a large car with new technology will still be safer than a small car with new technology. To the extent that CAFE constrains the production and sale of larger, heavier vehicles, it limits auto safety.
[6] Sam refers to a National Academy of Sciences/National Research Council (NRC) study, Effectiveness and Impact of Corporate Average Fuel Economy (CAFE) Standards. See pp. 25-29, especially p. 27. The NRC estimates that in 1993, a typical year, downweighting and downsizing of cars contributed to 1,300 to 2,600 auto fatalities, 13,000 to 26,000 incapacitating injuries, and 97,000 to 195,000 total injuries.
[7] The so-called Energy Independence and Security Act (EISA). Click here to read the Congressional Research Service’s summary of the EISA provisions.
[8] Prior to investigating, I had assumed there must be at least 30-50 models on the road that met the fuel economy standards mandated by the 2007 Energy Independence and Security Act. But EPA’s fuel economy ratings for model year 2008 reveals that only two out of 1,153 models, the Toyota Prius and Honda Civic Hybrid, met or exceeded the standard (35 mpg for both city and highway driving conditions).
[9] Click here to read the Congressional Research Service’s summary of the EISA provisions.
[10] I provide references here on biofuel policy and world hunger. In May 2008, the International Food Policy Research Institute estimated that biofuel demand accounted for 30% of the increase in world cereal prices during 2007-2008. For further discussion, see Dennis Avery’s October 2008 paper for the Competitive Enterprise Institute.
[11] Dennis’s CEI paper recaps the literature on CO2 increases from biofuel policy-induced land-use changes, including Searchinger et. al. (2008) and Fargione et al. (2008). Additional reviews of these studies are available on World Climate Report and CO2Science.Org.
Ah, that slippery slope. All of a sudden, Nancy Pelosi has come to the conclusion that ensuring union retirees receive large amounts of taxpayers’ money is central to the country’s financial stability. And after all, it’s only $25 billion (or maybe $50 billion, still nowhere near $700 billion, or maybe $2 trillion). As my colleague Sam Kazman commented, even though multi-billion dollar bailouts may no longer be the rarity they once were, that does not entitle either the auto industry or the UAW to Cole Porter’s Anything Goes status. Moreover, as Professor Bainbridge points out, all of the problems facing the Big Three would be better solved by bankruptcy than bailout. Yet it seems that Bailout Mania has crossed the pond, with the unions in Britain demanding a $20 billion bailout for the virtually non-existant British auto industry.
In this sort of climate, we should remember a simple fact about the free market, eloquently expressed by none other than PJ O’Rourke in his must-read, if controversial, essay “We Blew It” in the latest Weekly Standard:
What will destroy our country and us is not the financial crisis but the fact that liberals think the free market is some kind of sect or cult, which conservatives have asked Americans to take on faith. That’s not what the free market is. The free market is just a measurement, a device to tell us what people are willing to pay for any given thing at any given moment. The free market is a bathroom scale. You may hate what you see when you step on the scale. “Jeeze, 230 pounds!” But you can’t pass a law making yourself weigh 185. Liberals think you can. And voters—all the voters, right up to the tippy-top corner office of Goldman Sachs—think so too.
Indeed. And subsidizing food bills won’t help either. Someone near and dear to me has similar thoughts at her new blog.
Cross-posted from The Corner.