/
Cost-Benefit Analysis in U.S. Regulation Cost-Benefit Analysis in U.S. Regulation

Cost-Benefit Analysis in U.S. Regulation - PowerPoint Presentation

olivia-moreira
olivia-moreira . @olivia-moreira
Follow
445 views
Uploaded On 2017-07-01

Cost-Benefit Analysis in U.S. Regulation - PPT Presentation

Eric A Posner University of Chicago Law School 1 Overview What is costbenefit analysis CBA The role of CBA in agency regulation Congress Executive branch Courts 2 Overview cont The Theory of CBA ID: 565416

million cba costs regulation cba million regulation costs future risk benefits agency rule cont financial regulations regulators data avoided

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Cost-Benefit Analysis in U.S. Regulation" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Cost-Benefit Analysis in U.S. Regulation

Eric A. PosnerUniversity of Chicago Law School

1Slide2

Overview

What is cost-benefit analysis (CBA)?

The role of CBA in agency regulation

Congress

Executive branchCourts

2Slide3

Overview, cont.

The Theory of CBA

Welfarism

Transparency

ControversiesHard valuations: life, culture

Uncertainty

Discounting

The Future of CBAIn the executive branchIn the courts

3Slide4

1. What is CBA?

Example: Regulator (Environmental Protection Agency) must decide whether power plants should install scrubbers in smokestacks.Costs: the cost of installing scrubbers x number of factories

Benefits: avoided medical costs (for example, less emphysema) x affected people

4

Regulation

Benefits

Costs

Net

Decision

Weak

$1 million

$10 million

- $9 million

Reject

Moderate

$16 million

$15 million

+$1 million

CB-justified

Strict

$22 million

$20 million

+$2 million

Optimal

Super-strict

$23 million

$30 million

-$7 million

RejectSlide5

What is CBA?, cont.

Issues and problemsInformal or rigorous?

Determining costs

Purchase price of scrubbers; maintenance costs; labor costs; etc.

Predicting technological change that may reduce costsDetermining benefits

Research on effect of pollution on people’s health

Research on medical costs

What about intangible quality of life?Determining costs and benefits can be expensive!Data analysis

5Slide6

2. The Role of CBA in Agency Regulation

U.S. government structure (roughly)Congress has set up numerous regulatory agencies

Environmental Protection Agency (pollution)

Securities and Exchange Commission (corporate disclosure)

Office of the Comptroller of the Currency (bank safety and soundness)Occupational Safety and Health Administration (workplace safety)

Congress gives agencies (usually) vague instructions to promote the public interest

EPA: reduce “unreasonable risk to health and environment”

SEC: consider effects on “efficiency, competition, and capital formation”Courts must ensure that agency complies with statute but difficult to enforce vague standards

6Slide7

Role of CBA in Agency Regulation, cont.

Regulatory agencies are in executive branchPresidents have ordered regulators to use CBA since Reagan in 1981

When regulators issue regulations, they issue a Regulatory Impact Assessment (RIA) that contains the CBA

The regulatory agencies send the RIA to the White House for review. White House can block or delay regulations that fail CBA

In sum:

Agency performs CBA and chooses rule

If White House approves rule based on CBA, the rule is issued

Judicial review of rule based on statutory standard

7Slide8

3. The Theory of CBA

EfficiencyWelfarism

The government should maximize well-being of the public

Based on actual preferences as reflected in Willingness-to-Pay (WTP)

CBA aggregates preferences by using market valuesCriticisms

Government should not maximize well-being (vs. protect rights)

Actual preferences do not reflect well-being

Market values are distorted by wealth differences

8Slide9

Theory of CBA, cont.

TransparencyRegulators are agents in a bureaucracyPresident/Congress (or public) is the principal

Agents’ incentives are not aligned with public interest (“moral hazard”)

CBA forces regulators to reveal assumptions and expectations

This allows democratically elected principal to correct them

Criticisms

WTPs are inaccurate

CBA is manipulable

9Slide10

4. Controversies

Hard valuations

EPA’s regulation of cooling water intake structures in power plants

Stricter regulations save fish. How much is a fish worth?

Market valuation versus contingent valuation surveysOCC’s regulation of risk-taking by banks

Stricter regulations reduce the risk of a financial crisis. How much is an avoided financial crisis worth?

Justice Department’s regulation of prisons

How much is an avoided prison rape worth?OSHA’s regulation of the workplaceHow much is an avoided death worth?

10Slide11

“The Value of a Statistical Life”

Suppose a regulation would eliminate 100 statistical deaths but it would cost $1 billion. Does it pass CBA?Government normally uses $7 million value of a statistical life

100 x $7 million = $700 million < $1 billion

Fails CBA.

Where does $7 million figure come from?

Based on studies of wage premiums for dangerous jobs

Example: safe job (0 risk of death) pays $40,000

Dangerous job (1/10,000 risk of death) pays $40,700Then VSL = $700 / (1/10,000) = $7 million

11Slide12

Uncertainty

Climate regulationWhat effect does the reduction of greenhouse-gas emissions have on the risk that the global temperatures will increase by more than 2 degrees Celsius?

Endangered species regulation

How does one determine whether flat-tailed horned lizards are endangered?

Nuclear waste regulation

What risk does the storage of spent nuclear fuels pose to people living 10,000 years in the future?

Bank regulation

How much does increased capital requirements for bank reduce the risk of a financial crisis?

12Slide13

Discounting

Regulations frequently create costs today and benefits in the futureClimate regulation

Nuclear waste regulation

The usual method for comparing benefits and costs at different times is through discounting

A future benefit of 100 is worth less than 100 today because of time preferences and interest

A discount factor,

δ

< 1, is multiplied by future benefits; δ2 for Year 2, and so on.E.g.: If the benefit is 100 in Year 2 and the cost is 80 today, then the regulation passes a CBA if 80 <

δ

2

100

A great deal of controversy over what

δ

should be. Depends on rate of future economic growth, which is unknown.

13Slide14

5. The Future of CBA

In the executive branchCBA is entrenched for many types of regulations, including environmental, and health and safety.

OIRA (an agency in the White House) demands that regulators use standard valuations for life, discounting, etc.

Controversy as to whether these rules have improved regulation

Enforcement problems

Unquantified benefits

14Slide15

Future of CBA, cont.

CBA of financial regulation?Currently, financial regulators do not use CBA

Some academics think they should. But difficulties:

What are the benefits of financial regulation?

Avoided financial crises. How to estimate risk and value?Avoided “speculation”/gambling

Avoided high-speed trading and related activity

Worries about evasion: from banks to “shadow banks”

15Slide16

Future of CBA, cont.

CBA and Judicial ReviewShould courts enforce CBA? Or do they lack capacity to do so?

Business Roundtable

(2011)

The SEC issued the “proxy access rule,” which required public corporations to place candidates nominated by large shareholders on the proxy statement sent around before board electionsThe purpose of the rule was to loosen management’s grip on the board, and hence to improve oversight of management

16Slide17

Future of CBA, cont.

SEC conducted CBABenefitsShareholders spend less money on printing and mailing

Shareholders gain from better-managed firm

Query: or will shareholders elect bad directors, hurting the firm?

Costs

Firms’ printing and mailing costs increase (est. $2-7 million per company)

Firms may be distracted by election contests

May distort choices between firms covered by rule and firms not covered by ruleSEC claims benefits > costs, but also acknowledges that most benefits (and many costs) are not quantifiable

17Slide18

Court struck down proxy access rule

SEC did not estimate cost of election contests when in fact it is likely that Board will oppose nomineesSEC did not rely on sufficient empirical data showing that proxy access will improve board performance

Academic studies were in conflict

Court was heavily criticized for this decision

Frequently not much data; hard to know whether regulator should gather more data or do the best it can with existing data

Regulator is in better position than court to adjudicate among academic studies

18Slide19

Conclusion: CBA versus Democracy

To what extent can public policy be based on empirical data and rigorous analysis?Normative questions: does CBA reflect what we care about?

Data limitations

To what extent should courts or expert agencies play a role in doing rigorous analysis?

Courts derive authority from Congress (democracy?)

Regulators are controlled by President (expertise?)

CBA as a way to enhance democratic control over agencies while

taking advantage of their expertise

19