The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Environmental Law & Policy”

The EPA Takes Its Thumb Off the Power Switch

Power-plant rules do more than regulate pollution. They can also regulate competitors out of the market. That is the overlooked significance of the Environmental Protection Agency’s (EPA) recent repeal of most Biden administration greenhouse-gas standards for power plants. The move is an environmental-policy reversal and also a competition-policy reform. The final rule is only a ... The EPA Takes Its Thumb Off the Power Switch

The Last Mile Is a Paper Trail: Why Broadband Gets Stuck

Everyone wants faster broadband—no one wants to wait for the permits. Modern communications infrastructure doesn’t stand still. Providers must keep investing in upgrades and expansion to meet consumer demand. Next-generation applications—artificial intelligence (AI), artificial reality (AR), and virtual reality (VR)—will require robust infrastructure to support them. That infrastructure depends on sustained investment from a wide ... The Last Mile Is a Paper Trail: Why Broadband Gets Stuck

Rinse, Repeat, Reject: ‘Washing’ Claims in Antitrust

Although not a single, Mitski’s “Washing Machine Heart” ranks among her most popular songs. Its insistent drumbeat echoes the spin cycle of an old washing machine, recalling the singer’s frustration with her romantic life. Competition policy has its own fixation on “washing.” In this context, “washing” describes efforts by undertakings to invoke public policy goals—such ... Rinse, Repeat, Reject: ‘Washing’ Claims in Antitrust

The View from Africa: A TOTM Q&A with Willard Mwemba

Willard, can you tell us a bit about yourself? I began my career at the Competition and Consumer Protection Commission in Zambia, formerly called the Zambia Competition Commission, starting as a “humble trainee economist.” I quickly rose through the ranks, becoming a senior economist and then the director of mergers and monopolies—achieving this progression in ... The View from Africa: A TOTM Q&A with Willard Mwemba

Trump Fisheries Order May Be a First Step Toward Global Reforms

The U.S. fisheries sector is the beneficiary of an April 17 executive order from President Donald Trump. The order’s implementation could result in reduced regulatory burdens and a procompetitive, economically efficient expansions of U.S. fisheries output. It might also inspire U.S. consideration of additional efforts to improve global fisheries management. The Fisheries Executive Order Overregulation ... Trump Fisheries Order May Be a First Step Toward Global Reforms

Efficient Cartels and the Public Interest Defence – Do They Exist?

The concept of a “good” or “efficient” cartel is generally regarded by competition authorities as an oxymoron. A cartel is seen as the worst type of antitrust violation and one that warrants zero tolerance. Agreements between competitors to raise prices and share the market are assumed unambiguously to reduce economic welfare. As such, even if ... Efficient Cartels and the Public Interest Defence – Do They Exist?

Finding your way in the seeds/agro-chem mergers labyrinth

The recently notified mergers in the seed and agro-chem industry raise difficult questions that competition authorities around the world would need to tackle in the following months. Because of the importance of their markets’ size, the decision reached by US and EU competition authorities would be particularly significant for the merging parties, but the perspective ... Finding your way in the seeds/agro-chem mergers labyrinth

Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?

Apparently, the detergent industry has entered into what has been described as a “voluntary agreement” to reduce the use of phosphates in detergents (HT: Ted Frank).  A press release from Clean Water Action describes the agreement as follows: On July 1, 2010 a voluntary ban on phosphates in dishwasher detergents will be implemented by many ... Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?

Some Warnings for Modern Pigovians (from Pigou Himself)

We live in a time of optimism about government’s ability to improve upon the unregulated state of affairs. From health insurance to financial markets to the types of fats we eat, cars we drive, and sources of energy we consume, there is a sense among our political, media, and academic elites that our privately ordered ... Some Warnings for Modern Pigovians (from Pigou Himself)

A global warming hypothetical

Global warming critics have taken two primary approaches. First, deny the facts based on the incentives for scientists to fudge the data to get prestige and research dollars (see, for example, the East Anglia emails), based on the inherent limitations of humans to build global weather models to predict the temperature 100 years from now, ... A global warming hypothetical

Government ownership of land

I love our national parks as much as the next guy (probably more, having visited every major one and dozens of smaller ones, and loving every minute of nearly every visit), but can someone tell me why the federal government owns so much of our country? Some maps tell the story. See here and here. ... Government ownership of land

The Environmental Responsibility of Business? Make Profit!

That’s the punchline of a recent paper by Pierre Desrochers (U Toronto). Pierre has written some interesting papers on a range of topics related to economic development, technological innovation, and the intersection of business and the environment.   He argues that it is governmental (regulatory) failures that distort the environmental consequences of corporate behavior, not ... The Environmental Responsibility of Business? Make Profit!