As Art Carden succinctly put it, “The information needed to know whether a particular regulation ‘works’ quite literally does not exist, and the key difference between firms and governments is that firms . . . have market tests for their decisions. Governments do not.”

As we have seen, the government doesn’t have the information it would need to identify what level of pollution is efficient for an entire society, and government officials don’t have the incentives to be particularly interested in efficiency anyway.

https://mises.org/wire/why-government-pollution-control-fails

Timothy D. Terrell

In over twenty-five years of teaching undergraduate students, I have heard the same refrain countless times: free markets have many problems that government has to step in to solve. Indeed, students expect government to “step in” so much that markets occupy a peripheral role in their idealized economic system. Even students with an ideological predilection toward markets will be quick to argue that certain problems, such as pollution, require extensive government regulation and probably copious spending of tax dollars.

This is not surprising, given that college students have been bombarded by tales of government fixes for social problems from media, teachers, and parents from elementary school onward. By the time they hear about “market failure” in their first economics class, it doesn’t take much convincing that free markets are impractical at best and a weak rationale for capitalist exploitation at worst. The best-selling economics textbooks at the university level do little to counter these perceptions, and most instructors won’t deviate much from the mainstream books.

Most principles of microeconomics and intermediate microeconomics textbooks devote at least one chapter to market failure, which typically includes “market power” (think monopoly), inadequate provision of “public goods” (goods that the private sector allegedly won’t produce enough of because of an inability to make the users pay), and “externalities” (the unintended side effects of human activity on bystanders, like pollution). While textbooks usually contain some acknowledgment of the fact that governments don’t live up to idealized models of efficiency, it is rare for proportional space to be devoted to “government failure” and easy for students to conclude that government intervention is the answer to these nearly ubiquitous shortcomings of markets.

The Apologists for Environmental Regulation

The problems with monopoly theory and the errors of mainstream thinking about public goods have been dealt with elsewhere. In my experience, externalities—typically, environmental problems—have proven one of the most difficult challenges for students trying to understand markets and government. Don’t pollution problems require government intervention?

Typically, the section on externalities contains a few diagrams showing the difference between private costs (or benefits) and social costs (or benefits). The diagram for negative externalities usually looks something like figure 1, with the marginal private cost (MPC), marginal social cost (MSC), and marginal private benefit (MPB). Students are then directed to observe the difference between the optimal quantity of output (Q*) of the good that results in the negative externality and the quantity of output produced in the market (Q^M). Any production in excess of Q* adds more to costs than to benefits, creating a net loss labeled “deadweight loss.” The presence of this deadweight loss is deemed evidence of market failure, and the authors normally proceed to evaluate various ways government can push the market toward Q*.

Figure 1: The difference between costs and benefits of the quantity of output resulting in negative externalities

terrell_graph_1.png

Walter Block has argued that there are problems with the usual treatment of externalities as market failure. If the recipient of pollution is unable to collect damages or procure an injunction from a court—the typical remedy prior to around the mid-nineteenth century—then this is not market failure, but the government’s failure to uphold property rights. Once reasonably diligent in their protection of property rights, the courts began weakening these protections in the mid-1800s. An example is the 1866 case Ryan v. New York Central Railroad Co. (35 N.Y. 210), in which a railroad was not held liable for the loss of a house that had been set on fire by sparks from the railroad’s nearby woodshed, which had burned down due to the company’s negligence. Even so, court protection retained some force long after. As Jonathan Adler pointed out, in a famous 1913 case in New York, Whalen v. Union Bag and Paper Co. (208 N.Y. 1), “the state’s highest court upheld an injunction shutting down a $1 million pulp mill employing several hundred workers in order to protect the riparian rights of a single farmer.”

As court-made law to settle conflicts over nuisances like pollution has been increasingly regarded as inadequate to deal with externalities, government interventions have typically taken three forms: (1) command-and-control regulation, (2) emissions taxes, and (3) cap-and-trade (tradable permit) systems.

Command-and-control regulation is unpopular with many economists because of its tendency to require emissions reductions in ways that are inflexible and therefore likely to be more costly. It is also particularly susceptible to “crony capitalism,” since industry lobbyists can push regulatory bureaucracies to mandate technologies that keep competitors out. Far more attractive to economists are emissions taxes and tradable permits.

Emissions taxes (sometimes called Pigovian taxes after the Cambridge economist Arthur Cecil Pigou, a student of Alfred Marshall) have gained new attention as a part of climate policy. Numerous proposals for a federal carbon tax have appeared in the last several years, including the “Green New Deal,” and even some who claim to be libertarians have proposed them. Tradable permit systems have been in use in the United States for decades, notably with the Environmental Protection Agency’s Acid Rain Program that began auctioning off sulfur dioxide permits in 1993. Tradable permit systems have a superficial appeal to market-friendly economists because, after all, the permits trade in a market. Unfortunately, it’s only a quasi market, with the supply of permits dictated by regulators.

Most economists seem to favor one or the other of these policies. However, both emissions taxes and tradable permit schemes suffer from fatal problems.

The Pollution Calculation Problem

First, the government has no way to determine the costs inflicted by the pollution, whether for the purposes of setting a tax or creating a cap on emissions. Referring to the diagram in figure 1, there is no way to find the MSC, which means that the government can’t know how high to set the tax, and a tradable permit system won’t have useful information about how many permits should be created.

This calculation problem has long been recognized. James Buchanan explained the problem in Cost and Choice:

Consider, first, the determination of the amount of the corrective tax that is to be imposed. This amount should equal the external costs that others than the decision-maker suffer as a consequence of decision. These costs are experienced by persons who may evaluate their own resultant utility losses. . . . In order to estimate the size of the corrective tax, however, some objective measurement must be placed on these external costs. But the analyst has no benchmark from which plausible estimates can be made. Since the persons who bear these “costs”—those who are externally affected—do not participate in the choice that generates the “costs,” there is simply no means of determining, even indirectly, the value that they place on the utility loss that might be avoided.

As Art Carden succinctly put it, “The information needed to know whether a particular regulation ‘works’ quite literally does not exist, and the key difference between firms and governments is that firms . . . have market tests for their decisions. Governments do not.”

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