National Center for Policy Analysis
Techniques for Empowering Individuals
The bureaucratic approach to environmental problems asks: How can we empower
politicians to force people to do what is not in their self-interest? The
results of the bureaucratic approach are rules and regulations which everyone
has an incentive to violate, manipulate or distort.
The progressive approach asks: How can we use government policy to empower
people and create positive incentives for problem-solving? Under this approach,
private citizens have a self-interest in protecting the rules which government
establishes. Progressive environmentalism does not assume there is a once-and-for-all
solution to every environmental problem. Instead, it seeks to create institutions
under which individuals acting in their own self-interest can continue to
solve problems which large bureaucracies can never solve. The following
is a brief list of techniques for achieving this objective.
Wherever Possible, Let Government Be a Protector of Rights Rather Than
Owner and Manager of Natural Resources. Some of the worst environmental
atrocities, as we shall see, have occurred on land owned and managed by
government agencies - atrocities that never would have occurred without
government subsidies, financed by taxpayer dollars. Better results are achieved
when there are many diverse owners - each pursuing different ways of protecting
and enhancing the value of their property. Governments can set the broad
framework and the parameters, leaving people free to solve the millions
of unique problems found around the world.
Wherever Possible, Create Ownership Rights to Achieve Environmental Goals.
Many people regard property rights as a restriction on freedom because the
owners are able to thwart trespassers who otherwise would have used the
resource for "free." In fact, property rights expand freedom of
action, giving people opportunities they otherwise would not have. Property
rights empower owners by giving them the right to protect and defend their
resource. But property rights also create opportunities for everyone else.
All nonowners are potential owners, and the existence of property rights
makes everyone else a potential buyer of those rights.
Many environmental groups (for example, the Nature Conservancy) have been
able to obtain and preserve ecologically sensitive land precisely because
land can be bought and sold. Private environmental organizations have been
far less successful in preserving rivers, streams, lakes and bays, and in
protecting endangered species, because often no rights to these resources
can be purchased.
Wherever Possible, Let Market Prices Allocate Resources. Market prices
give people economic incentives and change behavior much more quickly than
arbitrary regulations. The price system is also the most efficient mechanism
for communicating with people all over the world. As is the case for ivory
from elephant tusks, once people realize that something is valuable they
have incentives to protect and defend it and prevent its destruction.
Many people regard a price for activities such as fishing, hiking and recreational
activities as an unfair barrier to the use of resources which should be
"free." But a price of zero for these activities communicates
the worst possible message: that the use of rare and valuable resources
has no social cost. When fishing clubs in England charge, they are communicating
to fishermen that far from being a costless resource, rivers and streams
are valuable. A market price encourages users to conserve - to limit their
use of the resource in order to maintain its value. At the same time, high
prices for the use of resources give entrepreneurs strong economic incentives
to find ways of making more areas available for fishing and recreation.
Create Opportunities for Homesteading and Adoption in the Environmental
Commons. Homesteading was the method used to administer the largest
privatization of land in history. The principle was that when people made
improvements to land, they should benefit by acquiring ownership rights.
If this principle were extended to ground water or to ocean resources, people
would have economic incentives to invest in conservation.
A similar principle governs adoption statutes in some African countries
- whereby villagers can acquire ownership rights in rare animals such as
elephants. These techniques need to be expanded to encourage people to protect
and defend endangered fish and wildlife which would otherwise be abandoned
to the "commons."
Adopt the Polluter-Pays Principle. Whether in driving a car or working
in a factory that contributes to air or water pollution, in most places
people realize no economic gain from the reduction of pollutants and bear
no economic cost if they cause an increase in pollutants. If we agree that
clean air and clean water have value, and if we want people to perceive
and act on that premise, then pollution deterrence should be as individualized
as possible. Through fines and fees, the establishment of ownership rights
and the use of new technology, we should strive toward a system under which
people who pollute bear a direct cost that rises with the amount they pollute
and the damage their pollutants cause.
Give People Choices Over the Allocation of Their Environmental Tax Dollars.
Currently, a number of state governments allow people to divert a fraction
of their state tax dollars to environmental programs - private, nonprofit
as well as governmental.123 This practice should be expanded. If people
were allowed to allocate some portion of their taxes to any qualified nonprofit
organization or public agency, where the money went would be governed by
competition and individual choice rather than by politicians.
Ten Principles of Progressive Environmentalism
Although the vast majority of all environmentalists are progressive, they
are becoming voiceless in the political capitals of most industrialized
countries. Outside the United States, the political agenda is increasingly
being set by the reactionary values of the greens. Even within the United
States, the leaders of mainstream organizations all too often accept and
endorse the reactionary environmental agenda.
For these reasons, it is vital that a new policy agenda be devised - one
which is pro-human, pro-science and pro-free-enterprise. What follows is
a brief discussion of the principles that should guide the development of
this agenda.
1. Private Property Rights Can Unite Environmentalism and
Self- Interest.
Reactionary environmentalism almost always opposes private ownership of
property. For example, Stephanie Mills (Whatever Happened to Ecology?) equates
land ownership with slavery, and reactionary environmentalism with abolitionism.124
By contrast, progressive environmentalists know that virtually all of our
environmental problems originate with respect to the "commons"
- resources that are owned by no one.
Case Study: The Legacy of Love Canal. To many people, Love Canal
is a symbol of corporate greed and irresponsibility - providing irrefutable
evidence of the need for government to control land use. The facts show
otherwise. The crisis occurred after the Niagara Falls school board (a governmental
entity) purchased a toxic waste site which had been lined with clay, filled
and capped with clay by the Hooker Chemical Company (a private enterprise).
The company demonstrated to the school board that the site was potentially
dangerous. Under threat of eminent domain, however, it relented and accepted
a one dollar purchase price for the property - after writing into the documents
of transfer the nature of the dangers and including a disclaimer of liability
for future damages, once ownership of the site was transferred.125
Despite the warnings from Hooker, the school board built a school on the
site, later selling the remaining land to a developer. Even before the land
was developed, the city built water and sewer service lines through the
clay walls that were in place to contain the wastes. These gaps in the walls
provided pathways for the chemicals, which were later found in the soil
and even the basements of area residents.
The Environmental Protection Agency (EPA) was called in to investigate.
In a very quick statistical study,126 later discredited, the EPA announced
that it had found evidence of long-term health problems - an increase in
chromosome aberrations in a sample of residents. Federal funds were quickly
made available to purchase the homes in the area. These homes were boarded
up and the affected neighborhoods effectively destroyed. Later, additional
federal money purchased more homes. To date, however, detailed studies have
turned up no clear evidence of cancers or other long-term health threats
present in the neighborhoods. And two decades later, in September 1988,
about two-thirds of the area was declared habitable by the New York State
Department of Health.127
The lessons of Love Canal are: (1) private companies respond to economic
incentives to follow environmentally safe practices, and (2) voters need
to exercise much greater scrutiny of the behavior of their elected representatives,
who usually do not bear the costs of their environmentally destructive behavior.
Instead of following these lessons, Congress gave us Superfund (see below).
Case Study: How Environmental Groups Manage Their Own Lands. Some
of the most visible environmental disputes arise over what is to be done
with someone else's land. Environmental groups have filed thousands of lawsuits
against the federal government and private property owners. It is one thing
to tell others how to manage their property. Decisions are often quite different
when environmental groups manage their own property.128
- Ten miles south of Intercoastal City, Louisiana, lies the Rainey Wildlife
Sanctuary, a 26,800 acre marshland owned by the Audubon Society.
- The sanctuary is a home for deer, armadillo, muskrat, otter, mink
and more than 50,000 snow geese.
- It also is the site of a number of oil and gas wells and provides
grazing land for private cattle herds.
What are oil and gas wells and grazing cattle doing in a wildlife sanctuary?
The Audubon Society has been vocal and critical of oil exploration and cattle
grazing on lands owned by the federal government. In making decisions about
its own property, however, Audubon's perspective is quite different and
far more responsible. The managers of Rainey found that the timing, placement,
operation and structure of oil exploration could be carefully planned in
conjunction with the seasonal requirements of wildlife, and adverse environmental
effects could be avoided. They also found that carefully controlled cattle
grazing actually improves wildlife habitat.
Under the Audubon plan, everybody wins. The birds and wildlife keep their
habitat, the public gets its oil and beef, and the Audubon Society receives
funds to buy additional wildlife preserves.
This example is not unique. The Bernard N. Baker Sanctuary (run by the Michigan
Audubon Society) was the nation's first sandhill crane sanctuary - created
at a time when the cranes were in serious decline. Today, the society receives
substantial royalty checks from oil and gas leases - which were carefully
negotiated to insure that the crane's nesting grounds are not disturbed.129
2. Environmental Bureaucracies Really Are Bureaucracies.
Reactionary environmentalists have a schizophrenic attitude toward government.
On the one hand, they consider government bureaucracies a great evil and
a threat to the environment. On the other hand, in political debates they
almost always favor transferring more power to government. Progressive environmentalists,
by contrast, know that environmental bureaucracies behave like other bureaucracies.
Case Study: Government Mismanagement of our Natural Resources. The
United States is generally thought of as a country devoted to the principle
of private property. Yet about 42 percent of all U.S. land is owned by government
- 33 percent by the federal government and 9 percent by state and local
governments.
Among the lands owned by the federal government are treasured resources
- rare and beautiful tracts that are home for countless species of foliage
and wildlife and contain some of the most ecologically interesting wonders
on earth. Yet mounting evidence suggests that the federal government has
been a poor manager, often engaging in policies that have led to environmental
destruction. For example:130
- Because of Park Service policies, the white-tailed deer, mountain
lion, lynx, bobcat, wolverine and fisher all have vanished from Yellowstone
National Park, and the Rocky Mountain gray wolf is now extinct.
- The Park Service also is responsible for a serious decline in the
numbers of black bears, grizzlies, bighorn sheep, mule deer and beaver in
Yellowstone. (See the case study below.)
The record of the U.S. Forest Service is probably worse than that of the
National Park Service.
- About 342,000 miles of roads have been built in our national forests
- more than eight times the total mileage of the U.S. Interstate Highway
System.131 [See Figure VI.]
- These roads, primarily designed to facilitate logging, extend into
the ecologically fragile backcountry of the Rocky Mountains and Alaska,
where they are causing massive soil erosion, damaging trout and salmon fisheries
and causing other environmental harm.132
- In many cases, the costs of these logging activities far exceed any
commercial benefit from the timber acquired; so this environmental destruction
would not have occurred in the absence of government subsidies.133
Taxpayers also have been subsidizing environmental destruction by other
federal agencies responsible for environmental stewardship:
- Bureau of Reclamation projects have eliminated one national wildlife
refuge (see the case study below) and others are threatened by water shortage
and contamination.134
- Because of the Bureau of Land Management, more than three million
acres of wildlife habitat were cleared with huge chains (600-foot anchor
chains weighing 100 pounds to the link drawn across the landscape by 200,000-pound
D-8 crawler tractors) and replaced with fields of crested wheatgrass for
domestic livestock.135
Space does not permit a full discussion of all of the ways in which federal
bureaucracies cause environmental harm. However, a host of other rules,
regulations and policies buried within the labyrinth of the huge federal
bureaucracy also encourage environmental destruction in sometimes subtle,
and sometimes not so subtle, ways. For example:136
- Special provisions in the tax code, in addition to low-interest Small
Business Administration (SBA) loans, have subsidized uneconomic development
on the periphery of ecologically fragile areas, including Yellowstone National
Park.
- Conservation measures intended to reduce soil erosion very often have
fostered farming practices that cause increased erosion.
- Price supports for agricultural products have encouraged uneconomical
farm development and led to the draining of marshes that formerly provided
important habitats for waterfowl.
- Federal subsidies for flood and hurricane insurance, grants from public
utility and highway funds, and projects sponsored by the Army Corps of Engineers
all have contributed to destruction in the Barrier Islands along the Atlantic
and Gulf Coast regions.
- The federal government's Animal Damage Control Program still employes
700 trappers whose job it is to kill bears, mountain lions, bobcats, lynxes,
coyotes and wolves in order to protect domestic livestock.
Case Study: The Not-So-Superfund. In response to the Love Canal crisis,
Congress passed the Superfund bill in 1980 to establish an emergency fund
for cleanup of the nation's hazardous waste sites.137 Yet Superfund appears
to have benefitted trial lawyers and politicians a lot more than the public:138
- After seven years of operation, Superfund had paid for cleanup efforts
at only about a dozen hazardous waste sites, most of which were still leaking
toxic waste into the ground water.
- Of the first $1 billion Superfund spent, more than half went toward
litigation, and the situation has not improved despite billions more being
spent.
- Every state was entitled to at least one hazardous waste site worthy
of federal cleanup, enabling every Senator to claim credit for at least
one cleanup effort.
- The Environmental Protection Agency (EPA) also was originally instructed
to find at least 400 waste sites, roughly matching the number of congressional
districts.
Has Superfund made us safer? Few now think so. Superfund's primary method
of cleanup has been to transfer hazardous waste from a waste site to a disposal
site at which the waste is stored for a period of time. Often, this system
has simply spread the waste problem. For example, the Government Accounting
Office determined that most Superfund disposal sites are leaking themselves.139
Nor is it clear how anyone could find out if Superfund has made us safer.
Except for Love Canal, identified before the creation of Superfund, not
a single Superfund site has been analyzed to determine the actual health
risks for area residents. In fact, there is only one site for which the
government has a complete list of people exposed to the hazardous wastes.140
Perhaps the worst damage done by Superfund is that it has discouraged private
sector solutions to the problem of hazardous waste disposal, especially
voluntary cleanup efforts. Prior to Superfund and other environmental legislation,
firms sufficiently solvent to be accountable for their torts generally did
a responsible and competent job. In the case of Love Canal, for example,
the protection built in by Hooker (presumably to avoid liability for potential
damages from leaks) was judged decades later to be sufficient to meet even
the tough EPA standards of the 1980s.141
3. Wealthier Is Healthier and Better for the Environment.
A common attitude among reactionary environmentalists is that in formulating
health, safety and environmental regulations we should ignore the economic
costs of those regulations. As Laurie Mott of the Natural Resources Defense
Council put it, there is "no room for consideration of the benefits
of pesticides."142 Yet from the point of view of health and safety,
it's hard to imagine worse advice. As it turns out, higher incomes for countries
and for individuals contribute more to good health and life expectancy than
all government health and safety regulations combined. In general, the higher
our income, the more options we have - to change our lifestyle, regulate
our diet and select our risks.143
Case Study: Life Expectancy and Economic Growth. The higher our income,
the more likely we are to fly rather than drive, to drive larger and therefore
safer cars, to pay for safety equipment and safety-enhancing maintenance
on our automobiles, to maintain working smoke alarms in our homes, etc.
Higher incomes open the door to literally thousands of opportunities to
improve our health and safety.
Table I presents life expectancy data from countries around the world. As
the table shows, people in more developed countries have considerably longer
life expectancies than people at lower levels of economic development. What
is true of whole societies is also true of the individuals within them.
For example:144
- In England, adult males in the highest socioeconomic class earn more
than twice as much as individuals in the lowest socioeconomic class.
- Death from cancer among males in the highest socioeconomic class is
25 percent below the national average and death from respiratory disease
is 63 percent below.
- In contrast, death from cancer and respiratory disease is 31 percent
and 87 percent above the national average, respectively, among males in
the lowest socioeconomic class.
Similar evidence exists for the United States. One study of mortality and
income for U. S. counties found that a 20 percent increase in income reduces
mortality by 1.0 percent.145 Based on this study, Peter Huber calculated
that increasing the income of a 45-year-old man working in manufacturing
by 15 percent would do more to extend his life expectancy than eliminating
every single hazard from his workplace.146
Case Study: Government Regulation of Health and Safety. Government
regulation in general, and health and safety regulation in particular, may
have done far more harm than good when measured solely in terms of effects
on health. For example:147
- Between 1959 and 1969, productivity in U. S. manufacturing increased
by almost one percent annually.
- Between 1973 and 1978, however, manufacturing productivity fell by
more than one-half of one percent annually.
Studies indicate that a significant portion of this drop was caused by regulations
imposed by the Occupational Safety and Health Administration (OSHA) and
the EPA. In particular:148
- Thirty-one percent of the overall drop in manufacturing productivity
was due to regulatory burdens created during the 1970s by OSHA and the EPA.
- Nineteen percent of the drop in productivity growth was due to OSHA
regulations and 12 percent to regulation by the EPA.
Moreover, the productivity drop between 1973 and 1978 did not affect all
industries equally. Productivity fell by more than two percent per year
in highly regulated industries, yet rose during the same period in less
regulated ones.
Increases in workers' incomes are roughly equal to increases in productivity,
thus the damage to health and safety OSHA and the EPA have caused by reducing
income growth may have more than offset any health improvements these agencies
have made through regulation.149
4. Money Matters.
According to the Environmental Protection Agency, the United States spends
$115 billion per year to clean up the environment. This equals 2.3 percent
of our GNP, 40 percent of the defense budget and almost three times the
amount spent on the environment by the entire European Community.150
Are we getting our money's worth? Progressive environmentalists recognize
that there is a limit to society's willingness to spend money to achieve
environmental goals. As a result, progressives support spending in ways
that assure the "biggest bang for the buck."
Case Study: The War Against Cancer.151 About one in every three Americans
will get cancer. About one in five will die from it. What should be done?
An executive of the Environmental Protection Agency (EPA) says that the
most effective way to combat cancer would be to give the entire EPA budget
to the American Cancer Society.152
But that's not what the bureaucrats are doing. Despite the fact that industrial
products and food additives cause less than 3 percent of all cancers,153
the federal government is imposing billions of dollars of costs on the American
public in its efforts to prevent exposure to trace amounts of chemicals
in our environment. The most common government standard is that a chemical
should be outlawed if one person out of one million exposed over a lifetime
could theoretically get cancer from it. Even though 300,000 people out of
one million will get cancer anyway, regulations cost the public billions
to prevent the theoretical death of one more.
Typical EPA methods for evaluating the public health risks from air pollution
greatly overstate those risks. For example, the EPA calculates potential
risks from exposure to an air pollutant by testing the chemical for toxicity
in laboratory animals:
- The chemical is administered to rats and mice in massive daily doses
just below the amount that would kill them immediately.
- At these high levels of exposure, one out of every two chemicals ever
tested (both natural and man-made) eventually causes cancer in at least
one species of rodent.
- The EPA then extrapolates from rodents to humans and estimates the
human risk of cancer from exposure to the same chemical.
Scientists are increasingly skeptical about the value of extrapolating from
these rodent experiments the risk to humans from ordinary exposure. Many
are also skeptical about what the EPA does next:
- To calculate the "risk" to human populations, the EPA postulates
an imaginary "Most Exposed Individual" (MEI) who lives on the
property line of the emissions source and breathes the highest level of
emissions from that source for 70 years, 24 hours each day.
- The EPA then assumes that everyone is an MEI.154
- Even with these pessimistic assumptions, the EPA estimates that only
1,700 to 2,700 cancers are caused each year by exposure to approximately
90 potentially hazardous air pollutants.
- While that hypothetical number may seem large, it is a small fraction
of the almost one million cancer cases occurring each year in America.155
Even if the EPA's risk assessments were correct, the cost of preventing
cancer through EPA regulations is extremely high. Some estimate that the
air toxics section of the amended Clean Air Act will cost from $20 billion
to $30 billion - about 10 to 15 times the entire budget of the National
Cancer Institute. But because the regulations target only the largest polluters,
the maximum reduction in cancer cases is 350 to 500 per year. That represents
a cost of between $40 million and $86 million per cancer avoided.156
The EPA's extreme risk models are notoriously faulty, however. A new study
of the largest concentration of industrial coke ovens in the country (Allegheny
County, PA) concludes that the EPA's estimate of cancer caused by coke emissions
is exaggerated by a multiple of 100:157
- By the EPA's own calculations, its regulations on coke emissions cost
$6.8 million per cancer prevented.
- Based on more realistic calculations, the cost is $682 million to
prevent a single instance of cancer.
The EPA's cost-is-no-object approach is also reflected in its new benzene
regulations, which impose a cost of $200 million a year to prevent an EPA-estimated
3.4 cases of cancer:158
- By the EPA's own calculations, its new benzene regulations will cost
$59 million to prevent a single instance of cancer.
- By more realistic calculations, the cost of each cancer prevented
will be $5.8 billion.
Applying this more realistic method to all air toxics, it appears that the
Clean Air Act's new air toxic regulations may prevent three to five cancers
per year rather than 350 to 500. The cost per cancer prevented will be between
$4 and $9 billion per year. [See Figure VII.]
The National Cancer Institute's goal is to reduce the nation's 470,000 annual
cancer deaths by one-half by the year 2000. Yet the institute does not even
mention reducing carcinogenic chemicals in the environment as one of its
objectives. Maximizing gains from the use of resources is not necessarily
a goal of Congress however.
Case Study: Government Efforts to Reduce Smog. Perhaps the greatest
"success story" under the old Clean Air Act is that automobile
tail pipe emissions of carbon monoxide and hydrocarbons are down 96 percent,
and emissions of nitrogen oxides have decreased about 76 percent. This has
cost consumers dearly. But the "easy" gains, as expensive as they
were, have all been made. Future reductions in automobile emissions, which
would be even more expensive, might not produce any benefits.
All new cars and about 75 percent of the oldest cars on the road currently
meet the EPA's tail pipe emission standards. The older cars that don't meet
these standards are causing most of the problems. In fact, only 10 percent
of the cars on the road produce about 50 percent of the pollution. Since
more stringent new car standards will not reduce the pollution from this
dirtiest segment of the U.S. car fleet, the new Clean Air Act calls for
a mandatory switch to "clean" fuels in nonattainment areas. Clean
fuels including methanol, ethanol and natural gas are so called because
they produce fewer major pollutants when burned than does gasoline. However,
each fuel has its own drawbacks, such as limited supply, difficult refueling
processes or extreme toxicity to humans. For example, the most highly favored
gasoline substitute, methanol, is both dangerous and expensive:159
- Methanol emits 10 times more formaldehyde (a potential carcinogen)
than gasoline and is 25 times as toxic to humans.
- By one estimate, the widespread use of methanol would increase annual
health care expenditures by $50 to $100 million.
- The use of methanol would virtually double the price of motor fuel
per gallon at the pump.
Incidentally, methanol appears to be the cheapest alternative to gasoline
overall, and no large sources of any alternative fuel currently are available
to satisfy transportation needs.
Case Study: A Better Way to Reduce Smog.160 Millions of dollars are
already being spent in Arizona, Colorado, Nevada and New Mexico on the mandated
use of oxygenated fuels in vehicles as a carbon-monoxide control measure.
Oxygenated fuels cost more, decrease gas mileage and damage vehicle components.
Data from the EPA show that simply tuning up the small minority of dirty
cars is twice as effective - and much cheaper and simpler:
- Of 84 vehicles studied, 80 emitted a total of 397 pounds of carbon
monoxide, while the dirtiest four emitted 338 pounds.
- When the entire fleet was put on oxygenated fuel, the total emissions
reduction was 203 pounds, with the dirty cars contributing 107 pounds of
the improvement.
- If the dirty four were tuned to emit the average of the rest of the
fleet, they would emit a total of 20 pounds-a 318-pound reduction.
Similar findings were produced by a Colorado Department of Health study:
- Using 10 percent ethanol fuels reduced the fleet emissions of 10 vehicles
from 434 pounds of carbon monoxide to 335 pounds.
- Tuning up only the two dirtiest cars and using normal fuel reduced
fleet emissions to 294 pounds.
A team of researchers led by Donald Stedman, a chemistry professor at the
University of Denver, has developed a device that can measure the carbon
monoxide emissions of an automobile as it passes a sensor. Using the device
would enable municipalities to detect precisely which cars pollute and require
corrective action. A program based on remote sensing and tune-ups of the
worst polluters would cost about $40 per ton of carbon monoxide removed-versus
an estimated $500 per ton with mandated oxygenated-fuel programs.
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