Monthly Archives: June 2009

Franken Declared Winner in MN

Interesting timing. One wonders if the Minnesota Supreme Court was waiting to see if Waxman-Markey would pass the House. Franken, remember, represents the crucial 60th Senate vote.

Regulation of the Day 10: Cap and Trade

The tenth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the U.S. House of Representatives (435 employees, $4 trillion budget).

The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations, according to CEI Energy Policy Analyst William Yeatman and former CEI Warren Brookes Fellow Jeremy Lott. The legislation now heads off to the Senate.

It is worth noting that just minutes after the final vote came in, Washington was hit by a fierce hail storm; not that Congress’ doings have any cause-and-effect relationship with the weather (ahem).

You can read the bill — Congress didn’t — by clicking here.

Regulation of the Day 9: School Buses

The ninth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Department of Transportation ($70.3 billion 2009 budget, 58,622 employees).

Before any regulation goes into effect, the proposal is released to the public for a comment period. Anyone who is interested can write the agency and say why they think the new rule is a good or a bad idea. My employer, CEI, does this regularly, by the way (see here and here).

Agencies are legally obliged to take all comments into account before going forward with the rule. And sometimes, they really do listen.

Because of overwhelmingly negative comments, DOT has decided not to go forward with a proposed change to federal school bus policy (isn’t education supposed to be a local issue?).

Read all about it on page 30,499 of the 2009 Federal Register.

Push for the Postseason

The Brewers took two out of three games against the Giants this weekend. They hold first place in the NL Central over the Cardinals by just a hair. Milwaukee’s winning percentage is .533, versus .532 for St. Louis.

This could be the most exciting division race of the year. The last-place Pirates are only five games out; this in a division with six teams.

The magic number for eliminating the third-place Reds is down to a mere 85. The next stretch of the Brewers’ schedule is heavy on home games. But they’ll be playing good teams (Mets, Cubs, Cardinals, Dodgers), which could negate home-field advantage. We’ll see what comes of it.

Waxman-Markey Passes House 219-212

I am an economist, not a political analyst. I am not a political partisan, but I do oppose cap-and-trade. Now that my biases — and limitations — are out in the open, here is my take on the down-and-dirty politics of the Waxman-Markey cap-and-trade House vote.

It was close. That usually bodes poorly for Senate passage. But something in my gut tells me it will make it through. A filibuster is possible since there are still only 59 Democrats.

But filibusters are used sparingly. That probably means this bill will not face one.

Here’s why. There will be a trillion-dollar health care bill this summer. And the vote on Sonia Sotomayor. Republicans will probably only want to use one filibuster.

Sotomayor would not shift the ideological balance of the court, which means Republicans will probably be fine with letting her through. They will put up enough of a fight to appease their base voters. But I don’t see a filibuster.

That leaves either cap-and-trade or health care. With the economy in trouble, environmental issues have taken a back seat in the public mind. Pocketbook issues always trump “luxury issues” like global warming in times like these.

Republicans therefore have more to gain from filibustering health care than Waxman-Markey. I personally think cap-and-trade will do more to hurt the economy than the forthcoming health care bill. But the median voter doesn’t.

And politicians make their calculations on their electoral prospects, not on economic growth. They will cater to the median voter.

That means the GOP will save its filibuster for health care. Waxman-Markey will pass the Senate unless there are significant Democratic defections, or something sinks the health care bill before Waxman-Markey hits the Senate.

That’s my prediction. Now let’s see what happens. Happy to hear what you think.

Is the New Religion Losing Steam?

As with most things, Congress is behind the times on religion. The new religion, that is – the faith that anthropogenic global warming is an urgent crisis. Mankind has sinned against Mother Gaia with our modern ways. We must repent our sins by giving up earthly goods. Or at least by paying more for them. Believers can also purchase indulgences, now called “carbon credits.”

As Congress gets set to vote today on the $2 trillion Waxman-Markey climate change bill, the village atheists are having a bit of a coming out party. The argument from consensus has long been believers’ biggest weapon, if a weak one; millions of people can be wrong, and often are.

More and more, even that argument is being taken away from them. Kim Strassel lists a few of the bigger names who are now saying the global warming debate is more about religion than science:

The number of skeptics, far from shrinking, is swelling. Oklahoma Sen. Jim Inhofe now counts more than 700 scientists who disagree with the U.N. — 13 times the number who authored the U.N.’s 2007 climate summary for policymakers. Joanne Simpson, the world’s first woman to receive a Ph.D. in meteorology, expressed relief upon her retirement last year that she was finally free to speak “frankly” of her nonbelief. Dr. Kiminori Itoh, a Japanese environmental physical chemist who contributed to a U.N. climate report, dubs man-made warming “the worst scientific scandal in history.” Norway’s Ivar Giaever, Nobel Prize winner for physics, decries it as the “new religion.” A group of 54 noted physicists, led by Princeton’s Will Happer, is demanding the American Physical Society revise its position that the science is settled.

Regulation of the Day 8: Solid Waste

The eighth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Environmental Protection Agency ($7.3 billion 2007 budget, 17,964 employees).

When an agency screws up really badly, political leaders will usually step in and pass some reforms. For example, the Immigration and Naturalization Service sent visa approval letters to two 9/11 hijackers – six months after the attacks. Congress responded by changing the agency’s name.

I haven’t heard of any outrageous bungling at the EPA’s Office of Solid Waste. But I’m wondering; OSW is also changing its name. It is now ORCR – the Office of Resource Conservation and Recovery.

Read all about it on pages 30,228-30,235 of the 2009 Federal Register.

Regulation of the Day 7: Rice Inspection Certificates

The seventh in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Department of Agriculture ($95 billion 2008 budget, 105,778 employees).

Our rice is in crisis. Inspection certificates currently contain some data in the grade line section that better belongs in the results section. Fortunately, the USDA is stepping in to right this horrible wrong.

Read all about it in pages 30,015-30-017 of the 2009 Federal Register.

Upcoming Radio Appearances

Tomorrow I will be on Health, Law, and Politics with Jonathan Emord from 5:00-6:00 EST. You can listen in by clicking here.

On Monday I will be on Newsmakers with Peter Ferrand from 4:00-4:30 EST. The show airs on WRJN 1400 AM in my hometown of Racine, WI.

The topic for both shows will be regulation. We’ll be discussing the findings from the just-released 2009 edition of CEI’s annual 10,000 Commandments report, and the causes and consequences of regulatory excess.

Taxes without Borders

Some politicians in North Carolina want Amazon.com to collect and pay North Carolina state sales taxes.

This is troubling. In our federal system, states can only tax entities within their borders. And Amazon’s Washington state headquarters are three time zones away from the Raleigh, NC, statehouse. What gives?

The logic goes that Amazon works with affiliates to advertise and link to products it sells. Some of these affiliates are in North Carolina. Therefore, Amazon has a physical presence in North Carolina, and can be taxed. QED.

The problem is that affiliates are not owned by Amazon. They are independent entities. Amazon pays them to drive traffic to Amazon and get people to shop there. Affiliates are basically outside contractors.

The taxation-by-affiliate argument is really no different than making a Hawaii resdent pay North Carolina income tax simply because they do business with someone who lives in North Carolina.

This comes at a time when the economy is in recession, businesses are struggling, and workers are losing their jobs. Economists have known for a long time that when you tax something, you get less of it. Apparently politicians in North Carolina want less commerce.