Nicholas Smallwood


Climate Change Legislation & Competitiveness (Part I)

[I originally published this post at the Breaking The Logjam blog, where I periodically blog. Here's the original. Here's the post explaining my participation at BTL.]

A big concern with national climate change policy proposals regards the issue of international competitiveness. A national climate change policy like a cap-and-trade system or a carbon tax will impose higher costs on the producers of regulated products, and if foreign producers of competitive goods are not similarly regulated, they will possess a competitive advantage over our domestic producers. Without proper measures, consumers in the U.S. will probably prefer to buy the cheaper (less regulated) imported products over the more expensive (but climate change-regulated) domestic goods. This could not only damage domestic industry (even if producing goods just as efficiently as their foreign competition), but could also lead to more production of unregulated, dirty, carbon-intensive goods (what’s referred to as leakage). A double whammy.

One potentially elegant solution to this problem presents itself in the form of “border adjustments“. With border adjustments, a tariff would be imposed on any product imported into this country from a country that did not impose adequate climate change regulations on its production. A recommendation along those lines has been recommended by two large U.S. Unions (the IBEW and the AFL-CIO), and by the U.S.’s largest coal-burning utility, AEP (strange bedfellows indeed). Their proposal would require “large emitter” countries (read: China & India) to submit allowances to the US for any unregulated emissions created during the productions process of products they intend to export to the US.

A second, much less talked about side to border adjustments regards the exporting of US products regulated under climate change legislation. Using the same competitiveness arguments as with incoming border adjustments, if we want our ostensibly “cleaner” US products to be able to compete with foreign products on their turf, we could offer “rebates” to exporters to strip these products of their regulatory costs when exported to these countries. Without such rebates, we’ll be placing domestically produced exports at a competitive disadvantage with their foreign produced, cheaper, and “dirtier” competition; a situation ripe for leakage.

There are a lot of important issues at stake when thinking about competitiveness and climate change policies. When thinking about these and other issues, it’s been helpful for me to realize that by placing a price on greenhouse gas emissions, a cap-and-trade system or carbon tax will be forcing producers of carbon-intensive goods to cover the true (or at least truer) costs of their products (they will be internalizing an externality). If we agree that unregulated producers in other countries (and currently in this country) are not being forced to pay for these costs, then we can also say they are actually being subsidized by their governments. By imposing border adjustments on such subsidized products, we would just be leveling the playing field.

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Agricultural Lobby and Environmental Misfortune

[I originally published this post at the Breaking The Logjam blog, where I periodically blog. Here's the original. Here's the post explaining my participation at BTL.]

If one were to look for specific examples of “logjams” in U.S. environmental policy, a prime candidate would be the agricultural lobby. This past Sunday the Wall Street Journal, in an article entitled “Farm Lobby Beats Back Assault on Subsidies,” detailed the most recent victory of the agricultural lobby against a proposed (and modest) reining in of the vast system of direct payments and price supports that undergird the multi-billion dollar agricultural subsidy system within the U.S. (make sure and check out their fantastic interactive breakdown of the U.S. agricultural subsidy system).

Thanks in large part to their successful lobbying, agriculture has been practically exempt from environmental regulation, either through explicit exemptions for agricultural activities, or through laws structured in such a way as to allow for farms to escape most or all environmental regulatory impact in what professor J.B. Ruhl (and Breaking the Logjam participant) has deemed the “anti-law of farms.” Professor Ruhl has researched and analyzed agriculture and environmental law in extreme detail, and notes there are “few exceptions to this anti-law.”

It is not a stretch to say that a great many of the harms agriculture is responsible for have been created by or exacerbated by our regulatory coddling of agribusiness. Take just three examples: 1) as noted by fellow BTL blogger Daniel Wieck, agricultural runoff is responsible for the majority of non-point source water pollution in the U.S., yet many “normal farming practices” are specifically exempted from the Clean Water Act; 2) Agricultural price support programs for sugar have artificially raised the price of sugar in the U.S. and have led to the destruction of a large part of the Florida Everglades; and 3) Agricultural activities are also responsible for 7% of domestic greenhouse gas emissions, yet the U.S. is not even considering direct regulation of these emissions.

To top it all off, when Congress actually has legislated curbs on environmental harms from agriculture, they have done so through billions of dollars worth of more subsidy payments – to the very same farms creating the pollution in the first place! (There are two primary types of federal programs that provide subsidies to the agricultural industry ostensibly for environmental protection: land retirement, easement and conservation programs such as the Conservation Reserve Program (CRP), and working lands programs such as the Environmental Qualities Incentives Program (EQIP) (the NYT had a great recent article on EQIP)).

This is a serious logjam in environmental regulation, and many people on both the left and the right agree something needs to be done to lessen agribusiness’s hold on legislation. New Zealand managed to do so in 1984, despite having an economy much more reliant on agricultural production. It’s time we follow suit.

Further Reading: