Protecting the Environment Through the Ownership Society — Part I

Studies | Environment

No. 282
Wednesday, January 25, 2006
by H. Sterling Burnett, Ph.D.


Notes

  1. David Boaz, Defining an Ownership Society (Washington, D.C.: Cato Institute, 1995), p. 1.
  2. "Common law" is a label used to describe the ancient legal process of discovering and delineating the law on a case-by-case basis. Much of this discussion of the common law comes from H. Sterling Burnett, "Ecosystemic Goods: The Pro's and Con's of a Property Rights Approach," Dissertation (Bowling Green, Ohio: Bowling Green State Univeristy, 2001).
  3. 3 Barb. 42, 43; N.Y. App. Div. 1848, aff'd 2 N.Y. 159 (1849).
  4. Gifford Pinchot, The Fight for Conservation (University of Washington Press, Seattle: 1967).
  5. Elizabeth Brubaker, Property Rights in Defence of Nature (London: Earthscan, 1995) and Roger E. Mieners and Andrew P. Morriss (Eds.), The Common Law and the Environment (Lanham, Maryland: Rowman & Littlefield, 2000).
  6. John Baden, "Destroying the Environment: Government Mismanagment of Our Natural Resources," National Center for Policy Analysis, NCPA Policy Report No. 124, 1986.
  7. Aristotle, "Politics," Book II, Chapter 5 [1263], in Richard McKeon, ed., The Basic Works of Aristotle (New York: Random House, 1941).
  8. John Locke, Second Treatise of Government , Thomas P. Peardon, ed. (Indianapolis: Bobbs-Merrill Company, Inc., 1952), 1st edition.
  9. President George W. Bush, Speech, June 17, 2004.
  10. Garrett Hardin, "Tragedy of the Commons," Science , November 11, 1986, pp. 1243-48. See also Garrett Hardin and John Baden, Managing the Commons (New York: W. H. Freeman & Co., 1977).
  11. Environmental Working Group, Farm Subsidy Database, "Total USDA Subsidies in United States ." Available http://www.ewg.org:16080/farm/progdetail.php?fips=00000&progcode=total.
  12. Environmental Working Group, Farm Subsidy Database, "Commodity Subsidies in United States ." Available http://www.ewg.org:16080/farm/progdetail.php?fips=00000&progcode=totalfarm.
  13. U.S. Department of Agriculture, "FY 2006 Budget Summary and Annual Performance Plan," Washington , D.C. Available http://www.usda.gov/agency/obpa/Budget-Summary/2006/FY06budsum.pdf.
  14. Environmental Working Group, Farm Subsidy Database: 1995-2004. Available http://www.ewg.org:16080/farm/progdetail.php?fips=00000&progcode=total_cc.
  15. U.S. Department of Agriculture, "FY 2006 Budget Summary and Annual Performance Plan," Washington , D.C. Available http://www.usda.gov/agency/obpa/Budget-Summary/2006/FY06budsum.pdf.
  16. Daryll E. Ray, "Cost of Avoiding Real Issue: $17 Billion a Year," MidAmerica Farmer Grower , Vol. 19, No. 13, March 29, 2002.
  17. Environmental Media Services [ EMS ] "Fast Facts," 2002. Available here.
  18. Jonathan Tolman, "Federal Agricultural Policy: A Harvest of Environmental Abuse," Competitive Enterprise Institute, August 1995.
  19. Ibid., p. 6.
  20. Rep. Earl Blumenauer, "Agricultural Subsidies," Position Statement, 2004. Available http://blumenauer.house.gov/issues/Issue.aspx?IssueID=87&SubIssueID=89.
  21. General Accounting Office, "Crop Insurance: USDA Needs to Improve Oversight of Insurance Companies and Develop a Policy to Address Any Future Insolvencies," Washington , D.C. , GAO-04-517, June 2004. Available here.
  22. Robert Dismukes and Joseph Glauber, "Why Hasn't Crop Insurance Eliminated Disaster Assistance?" USDA Economic Research Service, Amber Waves , Vol. 3, Issue 3, June 2005.
  23. U.S. Office of Management and Budget, "Budget of the United States Government, FY2006: Department of Agriculture" Washington , D.C.
  24. Noel Gollehon, William Quinby and Marcel Aillery, "Agricultural Resources and Environmental Indicators, Chapter 2.1: Water Use and Pricing in Agriculture," Economic Research Service, U.S. Department of Agriculture, Washington , D.C. , Agricultural Handbook No. AH722, April 2002, page 77.
  25. Fact Sheet, "Water Conservation and Restoration," Natural Resources Defense Council, June 7, 2001.
  26. None of these figures reflects the full cost of water,including equipment, subsidies, etc. See Noel Gollehon, William Quinby and Marcel Aillery, "Agricultural Resources and Environmental Indicators, Chapter 2.1: Water Use and Pricing in Agriculture," Economic Research Service , U.S. Department of Agriculture, Washington , D.C. , Agricultural Handbook No. AH722, April 2002.
  27. Fact Sheet, "Water Conservation and Restoration," Natural Resources Defense Council, June 7, 2001.
  28. "The Conservation Reserve Program: Summary and Enrollment Statistics, 2004," Farm Service Agency , U.S. Department of Agriculture. Available here.
  29. U.S. Department of Agriculture, "FY 2006 Budget Summary and Annual Performance Plan," Washington , D.C. , p. 28. Available http://www.usda.gov/agency/obpa/Budget-Summary/2006/FY06budsum.pdf.
  30. "Program Status, Wetlands Reserve Program," Natural Resouces Conservation Service , U.S. Department of Agriculture. Available here.
  31. See the Natural Resouces Conservation Service , U.S. Department of Agriculture, "2005 Allocations by Program."
  32. J. Bishop Grewell, "Farm Subsidies are Harm Subsidies," American Enterprise , October/November 2003.
  33. Ibid.
  34. General Accounting Office, "Agricultural Pesticides: Management Improvements Needed to Further Promote Integrated Pest Management," Washington , D.C. , GAO-01-815, August 2001, p. 4.
  35. Ibid.
  36. H. John Heinz III Center for Science, Economics and the Environment, The State of the Nation's Ecosystems: Measuring the Lands, Waters, and Living Resources of the United States ( New York City : Cambridge University Press, 2002).
  37. Nancy N. Rabalais et al., "Characterization of Hypoxia: Topic 1 Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico," U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, and Coastal Ocean Program, May 1999, p. xv.
  38. H. John Heinz III Center for Science, Economics and the Environment, The State of the Nation's Ecosystems: Measuring the Lands, Waters, and Living Resources of the United States ( New York City : Cambridge University Press, 2002).
  39. Jonathan Tolman, "Federal Agricultural Policy: A Harvest of Environmental Abuse," Competitive Enterprise Institute, August 1995.
  40. U.S. Fish and Wildlife Service, "Status and Trends of Wetlands in the Conterminous United States 1986 to 1997," Washington, D.C., 2000.
  41. U.S. Department of the Interior, "The Impact of Federal Programs on Wetlands — Volume II," March 1994. Available here; and U.S. Fish and Wildlife Service, "Status and Trends of Wetlands in the Conterminous United States 1986 to 1997," Washington , D.C. , 2000.
  42. Environmental Working Group, "Soaking Uncle Sam: Why Westlands Water District's New Contract Is All Wet," Washington , D.C. , September 14, 2005.
  43. Fact Sheet, "Program Status - June 2005," California Bay-Delta Authority. Available http://calwater.ca.gov/Newsroom/FactSheets/CALFED_ProgramStatus_June_2005.pdf.
  44. Ninos Malek, "The Federal Government's War on the Hungry," George Mason University , 2004. Available here.
  45. Taxpayers for Common Sense, "Federal Sugar Subsidies: A Sweet Deal for Sugar Processors," Washington , D.C.
  46. Sarah Thorn, "GMA Testimony on the U.S. - Australia Free Trade Agreement," June 16, 2004.
  47. David Moberg, "Manufacturing Discontent," In These Times , December 3, 2003. Available here.
  48. Todd Gabel, Adrienne Simpson and Pam Villarreal, "Mr. President, Tear Down This Wall: How Trade Barriers Burden Businesses, Consumers and the Economy," Fraser Institute, Fraser Forum , June 2004, pp. 14-16. Available http://www.fraserinstitute.ca/admin/books/chapterfiles/Jun04ffGabel.pdf.
  49. Jonathan Tolman and Clark Massey, "Milked to the Bone," Competitive Enterprise Institute, 1996. Available http://www.cato.org/pubs/regulation/reg19n4-cur.html.
  50. Jerry Kozak, Testimony before Committee on Agriculture, U.S. House of Representatives, April 5, 2001.
  51. Government Accountability Office, "Farm Subsidy Payments: USA Should Correct Weaknesses in Regulations and Oversight to better Ensure Recipients Do Not Circumvent Payment Limitations," Washington, D.C., 2004.
  52. Global Policy Forum, "Farm Subsidies That Starve the World," June 20, 2005.
  53. Sophia Murphy, Ben Lilliston and Mary Beth Lake , "WTO Agreement on Agriculture: A Decade of Dumping," Institute for Agriculture and Trade Policy, February 2005.
  54. Anup Shah, "Sustainable Development: The U.S. and Foreign Aid Assistance," 2005. Available here; Edward Crane and David Boaz, Cato Handbook for Congress ( Washington , D.C. : Cato Institute, 2002). Available here.
  55. World Bank, "Cotton Producers Face Losses Because of Rich Country Subsidies, Says ICAC Report," News Release, July 11, 2002.
  56. Mark A. Groomberg, " America 's Bittersweet Sugar Policy," Cato Institute, 2001.
  57. Sophia Murphy, Ben Lilliston and Mary Beth Lake , "WTO Agreement on Agriculture: A Decade of Dumping," Institute for Agriculture and Trade Policy, February 2005.
  58. As cited in Dan Griswold, "Reforming Farm Subsidies and Trade Barriers," Cato Institute, 2004. Available here.
  59. Brian M. Riedl, "Federal Spending — By the Numbers," Heritage Foundation, October 7, 2005, p. 5.
  60. U.S. Office of Management and Budget, "Budget of the United States Government, Fiscal Year 2006: Department of Agriculture," Washington , D.C.
  61. U.S. Environmental Protection Agency, " America 's Wetlands: Our Vital Link Between Land and Water," U.S. Environmental Protection Agency , Washington , D.C.: Office of Water, Office of Wetlands, Oceans and Watersheds, EPA843-K-95-001, 1995.
  62. William S. Simple, "Wetland Functions and Values," U.S. Environmental Protection Agency, Office of Water, p. 9.
  63. Ibid.
  64. U.S. Environmental Protection Agency, "Functions and Values of Wetlands," Office of Wetlands, Oceans and Watersheds, EPA 843-F-01-002c, September 2001.
  65. Chesapeake Bay Foundation, Save the Bay: 2002 Bay Health Index.
  66. See, for example, The California Environmental Protection Agency State Water Resources Control Board, Non-Point Source Pollution Control Program Five Year Plan, July 2003-June 2008. Available http://www.swrcb.ca.gov/nps/docs/5yrplan/4_urban_category.pdf; or see Provincetown Center for Coastal Studies, Cape Cod Bay Monitoring Project. Available here.
  67. U.S. Environmental Protection Agency, "America's Wetlands: Our Vital Link BetweenLand and Water," U.S. Environmental Protection Agency, Office of Water, Office of Wetlands, Oceans and Watersheds, Washington, D.C., EPA843-K-95-001, 1995.
  68. Federal Emergency Management Agency, "A Chronology of Major Events Affecting the National Flood Insurance Program," Washington , D.C. , 2004.
  69. Private insurers reentered the market for flood insurance, as contractors and managers of the federal National Flood Insurance Program.
  70. Federal Emergency Management Agency, "A Chronology of Major Events Affecting the National Flood Insurance Program," Washington , D.C. , 2004.
  71. Gilbert F. White, "Human Adjustment to Floods," University of Chicago Department of Geography, Research Paper No. 29, 1942. Published in book form in 1945.
  72. W. J. McGee, "The Floodplains of Rivers," Forum , No. XI, as quoted in "A Chronology of Major Events Affecting the National Flood Insurance Program," Federal Emergency Management Agency , Washington , D.C., 2004.
  73. Gilbert White et al., "Changes in Urban Occupancy of Flood Plains in the United States ," University of Chicago Department of Geography, Research Paper No. 57, 1958.
  74. National Wildlife Federation and Taxpayers for Common Sense, "Crossroads: Congress, The Corps of Engineers and the Future of America 's Water Resources," Washington , D.C. , March 2004. Available http://www.taxpayer.net/corpswatch/crossroads/.
  75. National Wildlife Federation and Taxpayers for Common Sense, "Crossroads: Congress, The Corps of Engineers and the Future of America 's Water Resources," Washington , D.C. , March 2004. Available http://www.taxpayer.net/corpswatch/crossroads/; and Lee Larson, "The Great USA Flood of 1993," Hydrologic Research Lab., Office of Hydrology, NOAA/National Weather Service, June 1996. Available here.
  76. Public Law 84-99, U.S. Army Corps of Engineers.
  77. Federal Emergency Management Agency, "A Chronology of Major Events Affecting the National Flood Insurance Program," Washington , D.C. , 2004.
  78. In 1973, the Nixon Administration issued "New Approaches to Federal Disaster Preparedness and Assistance."
  79. Federal Emergency Management Agency (FEMA), "Flood Statistics." Available here.
  80. Federal Emergency Management Agency, "A Chronology of Major Events Affecting the National Flood Insurance Program," Washington , D.C. , 2004.
  81. Chad Berginnis, "Bunning-Bereuter-Blumenauer Flood Insurance Reform Act Implementation and Flood Insurance Claims Issues," Testimony: Association of State Floodplain Managers, Inc. before the Subcomittee on Housing and Community Opportunity , House Committee on Financial Services, April 14, 2005. Available here.
  82. Norbert Schwartz, "FEMA and Mitigation: Ten Years After the 1993 Midwest Flood," Journal of Contemporary Water Research and Education , Issue 130, Pages 36-40, March 2005.
  83. Government Accountability Office (GAO), "National Flood Insurance Program: Oversight of Policy Issuance and Claims," Washington , D.C. , Highlights of GAO-05-532T, April 2005. Available here.
  84. National Weather Service, "Flood Losses: Compilation of Flood Loss Statistics," Hydrolic Information Center [last updated on January 5, 2004]. Available here.
  85. Federal Emergency Management Agency (FEMA), "Building on Success — By the Numbers: FEMA's Response to The Historic 2004 Hurricane Season," April 28, 2005.
  86. Tom Ross and Neal Lott, "A Climatology of 1980-2003 Extreme Weather and Climate Events," National Climatic Data Center , Technical Report No. 2003-01, December 2003.
  87. U.S. Army Corps of Engineers, "Value to the Nation: Coastal Protection, Economic Impact," Corps Program Results, Water Resource Management.
  88. H. John Heinz III Center for Science, Economics and the Environment, "Evaluation of Erosion Hazards Summary," April 2000, page 14.
  89. Tina Bernd-Cohen and Melissa Gordon, "State Coastal Management Effectiveness in Protecting Beaches, Dunes, Bluffs, Rocky Shores: A National Overview," Office of Ocean and Coastal Resource Management, National Ocean Service, NOAA, DOC, March 1998, page 4.
  90. H. John Heinz III Center for Science, Economics and the Environment, "Evaluation of Erosion Hazards Summary," April 2000.
  91. National Wildlife Federation and Taxpayers for Common Sense, "Crossroads: Congress, The Corps of Engineers and the Future of America 's Water Resources," Washington , D.C. , March 2004. Available http://www.taxpayer.net/corpswatch/crossroads/.
  92. U.S. Geological Survey and U.S. Department of the Interior, " West-Central Florida Coast : Limited Sand Resources for Eroding Beaches," February 1997.
  93. U.S. Army Corps of Engineers, Civil Works Program Statistics, Information Paper CECW-ZD, January 31, 2003; U.S. Army Corps of Engineers, "Civil Works Floodplain Management Initiatives: Value to the Nation," April 2000.
  94. National Wildlife Federation and Taxpayers for Common Sense, "Crossroads: Congress, The Corps of Engineers and the Future of America 's Water Resources," Washington , D.C. , March 2004. Available http://www.taxpayer.net/corpswatch/crossroads/.
  95. Ike Sugg, "How Not to Protect Wildlife," Hoover Institute, Hoover Digest , No. 2, 2001.
  96. Thomas Lambert and Robert J. Smith, The Endangered Species Act: Time for a Change (St. Louis: Center for the Study of American Business, March 1994); and Ike C. Sugg, "Endangered Species Act (ESA)," Environmental Briefing Book (Washington, D.C.: Competitive Enterprise Institute, 1996). More recent research found that, for example, while 22 agencies had budgets explicitly containing endangered species expenditures, and while the USFWS claimed that the entire federal expenditure for ESA in 1996 totaled $285 million, five other agencies testified before Congress that their combined 1996 ESA expenditures were more than $560 million. See Randy T. Simmons and Kimberly Frost, Accounting for Species, The True Cost of the Endangered Species Act ( Bozeman , Mont. : The Property and Environment Research Center , 2004).
  97. Richard L. Stroup, The Endangered Species Act: Making Innocent Species the Enemy (Bozeman, Mont.: Political Economy Research Center, 1995).
  98. Daniel R. Simmon and Randy T. Simmons, "The Endangered Species Act Turns 30," Regulation , Winter 2003-2004.

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