MADISON AND REGULATORY UNCERTAINTY

Friday October 15, 2010

With Congress on hiatus until the lame duck session, we searched for some perspective on the underlying causes of the lackluster economy. It’s clear that 9.6 percent unemployment and sluggish growth stem in good measure from the regulatory uncertainty emanating from Washington. As we’ve documented elsewhere, one of the principal agencies driving the uncertainty is the Environmental Protection Agency (EPA)—imposing intricate, costly rules and mandates, opaque and legally dubious in many instances, on businesses of all shapes and sizes in nearly every sector of the economy. The danger this poses to job creation and economic recovery seems clear enough. In our view, no one better articulates this danger than James Madison. Were Madison alive today, having had a few days to study EPA’s agenda, he would surely have been inspired to write much the same as he did in Federalist #62.

OBAMAS CONFUSION ON INFRASTRUCTURE

Thursday October 14, 2010

In a New York Times blog post, previewing a Sunday Times interview with President Obama about lessons learned in his first two years in office, an interesting quote stands out: the President now believes, “there’s no such thing as shovel-ready projects.”

How things change. Indeed, how can one forget the mantra of 2009, when President Obama routinely touted “shovel-ready” projects to sell his stimulus bill (check out this this Washington Post article from January 2009).

We look forward to reading the entire Times article on Sunday, but for now, it seems the President can’t quite get a handle on what to do about infrastructure. On Labor Day, the President rolled out a new $50 billion infrastructure policy. But it was an unserious proposal, flawed in many respects, as members of his party clearly understood. Consider the following from National Journal:
WASHINGTON - U.S. Sen. Jim Inhofe said Wednesday that a decision by the Environmental Protection Agency to allow an increase in ethanol for fuel used in newer vehicles would have little impact on consumers or the marketplace.

"That's because very few of the nation's retailers will actually sell E-15 anytime in the foreseeable future," Inhofe, R-Okla., said, referring to the fuel, which can contain as much as 15 percent ethanol.

"The reasons are straightforward: substantial fuel tank and dispensing infrastructure costs as well as liability issues associated with misfueling and potential engine damage."

WSJ Editorial: Liberating the Gulf

Wednesday October 13, 2010

The Obama Administration yesterday ended its nearly six-month deep water drilling moratorium, a welcome reprieve for the Gulf of Mexico region. If only we could be sure the Administration won't re-impose the ban by other means.

The ban was always political overkill, intended to appease the antidrilling left. The Deepwater Horizon spill was a tragedy caused by an unlikely series of mistakes, but the Gulf drilling workforce has a stellar safety record on the whole. The nation's leading engineering experts-a group put forward by the National Academy of Engineering and consulted by the Interior Department-opposed the moratorium, arguing that it would be "counterproductive to long-term safety."

The economic damage has been severe and the ban is deeply unpopular in Gulf states. Lifting the moratorium now, before the election, removes one political headache for Democrats.
As President Obama continues to search in vain for policies to create jobs, the prospects for a robust economic recovery remain bleak. One reason for this is the regulatory uncertainty created by the Obama Administration. Perhaps the agency contributing most to the uncertainty is Obama's Environmental Protection Agency (EPA).

As I explain in a new report, titled "EPA's Anti-Industrial Policy: Threatening Jobs and America's Manufacturing Base," EPA's regulations are unrivaled in the harm they pose to America's economy. The report focuses on four of EPA's most egregiously anti-business proposals and how they will cost jobs and undermine America's global competitiveness with China.

Consider EPA's policy to regulate industrial boilers. It is so awful that 41 senators, including myself and 18 Democrats, sent a letter on September 27 to EPA Administrator Lisa Jackson, expressing opposition to it. "As our nation struggles to recover from the current recession," the senators wrote, "we are deeply concerned that the pending Clean Air Act boiler MACT regulations could impose onerous burdens on U.S. manufacturers, leading to the loss of potentially thousands of high?]paying jobs this sector provides."
Switching terminology from "global warming" to "climate change" to newly favored "global climatic disruption" was supposed to help revive the environmental left's plunging poll numbers. It hasn't worked. Nature has, inconveniently, failed to cooperate, with dire predictions of upcoming catastrophes falling flat. Desperation pervades a propaganda effort that has finally gone too far.

The radical green movement is all about scaring the public into adopting unpopular policy initiatives, such as hefty taxes on important sources of energy and increased government direction of our lives through regulation. The Chicken Little strategy can work if the possibility of major disruptions such as a devastating Katrina-style hurricane push people into embracing protection from Washington. Unfortunately for the scaremongers, the disruptions just aren't happening.

On Thursday, Florida State University researcher Ryan N. Maue updated his index of tropical cyclone activity to reflect the fact that worldwide hurricane activity has reached a 33-year low. The Western North Pacific has seen tropical cyclone activity at a level 78 percent below normal, proving those seas haven't been calmer since detailed records were first kept in 1945. Accurately describing this period of global climatic tranquility isn't going to compel action.
WSJ: Environment Chief Caught in the Campaign Crossfire - Environmental Protection Agency Administrator Lisa Jackson isn't on any ballots this November. But in some parts of the country, she might as well be. Ms. Jackson's agency is becoming a foil for congressional candidates across the country. In South Dakota, Republican Kristi Noem has called for Ms. Jackson's resignation, citing the EPA's inaction on a request from ethanol producers to allow more ethanol in gasoline. In Arkansas, embattled Democratic Sen. Blanche Lincoln is blasting Ms. Jackson's agency for promulgating "overreaching, burdensome" regulations on pesticides used by farmers. In these states and others, Ms. Jackson's EPA has become a focal point of the argument about the role of federal regulation in the economy.

WSJ: Strassel: The Cap-and-Trade Crackup - Even as Speaker Nancy Pelosi twisted arms for the final votes to pass her climate bill in June 2009, Democrats feared they might be "BTU'd." Many of them recalled how Al Gore had forced the House to vote in 1993 for an energy tax, a vote Democrats later blamed for helping their 1994 defeat. The politics isn't the same this time around. This time, it's much, much worse. ...Cap and trade is different. The bill is designed to crush certain industries, namely coal. As coal-state voters have realized this, the vote has become a jobs issue, and one that is explosive. It is no accident that Democrats face particularly tough terrain in such key electoral states as Ohio and Pennsylvania, as well as Kentucky, West Virginia and Indiana. They are being laser-targeted for their votes to kill home-state industries.
Amid much-deserved fanfare and hoopla, Tulsa County and U.S. Army Corps of Engineers officials cemented a cost-sharing agreement Wednesday that will lead to the implementation of the Arkansas River Corridor Master Plan.

As County Commission Chairwoman Karen Keith put it, "It's a good day in the neighborhood."

Indeed, it was a good day for the entire region. The master plan, years in the making, will improve and restore the river ecosystem and at the same time guide new development, eventually providing new sources of recreation, entertainment and revenue for communities flanking the river.

Development along the river has occurred slowly and haltingly, when it has occurred at all. The master plan, vetted in numerous public forums in recent years, should help improvements to occur at a more orderly, sure pace.

Strassel: The Cap-and-Trade Crackup

Friday October 8, 2010

Even as Speaker Nancy Pelosi twisted arms for the final votes to pass her climate bill in June 2009, Democrats feared they might be "BTU'd." Many of them recalled how Al Gore had forced the House to vote in 1993 for an energy tax, a vote Democrats later blamed for helping their 1994 defeat.

The politics isn't the same this time around. This time, it's much, much worse.

Ask Rick Boucher, the coal-country Democrat who for nearly 30 years has represented southwest Virginia's ninth district. The 64-year-old is among the most powerful House Democrats, an incumbent who hasn't been seriously challenged since the early 1980s. Mr. Boucher has nonetheless worked himself onto this year's list of vulnerable Democrats. He managed it with one vote: support for cap and trade.
President Obama killed the climate change bill. That's the brunt of the article, "As the World Burns, How the Senate and White House missed their best chance to deal with climate change" by Ryan Lizza in the New Yorker. Lizza tells the tale of how Washington's erstwhile "Three Amigos" - also known as K.G.L., for Sens. John Kerry, D-Mass., and Lindsey Graham, R-S.C., Joe Lieberman, I-Conn.- cobbled together a cap-and-trade climate-change bill that had "the support both of the major green groups and the biggest polluters" - until the deal fell apart.

The story has generated a lot of Beltway buzz and some ire among Senate staffers. But if the White House did have a role in killing the bill, kudos to Obamaland.

The tale starts in March 2009, when the White House announced a "grand bargain." In exchange for a cap on carbon emissions, Democrats would agree to offshore oil drilling, nuclear power and more natural gas production.