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Stories tagged with “Regulation

Economy

Another Study Confirms That Taxes And Regulations Aren’t Holding Back Job Creation

A favorite GOP talking point is that a slew of regulation and taxes are preventing employers from creating jobs, which explains the stubbornly high unemployment rate. “By pursuing a steady repeal of job-destroying regulations, we can help lift the cloud of uncertainty hanging over small and large employers alike, empowering them to hire more workers,” said House Majority Leader Eric Cantor (R-VA). “Business owners are reluctant to create jobs today if they’re going to need to pay more tomorrow to comply with onerous new regulations,” claimed Sen. Susan Collins (R-ME).

But a new study from the San Francisco Federal Reserve finds that this line of thinking is largely bunk:

Figure 3 shows there was almost no correlation between job growth in a state from 2008 to 2011 and the increase in the percentage of businesses citing regulation and taxes as their primary concern. In fact, if anything, the correlation is positive.

States in which businesses increasingly cited regulation and taxes experienced higher job growth, although this correlation is not statistically significant. The lack of correlation is not a matter of the timing we choose. For example, there also is no strong correlation if we examine the 2009–11 period or the 2010–11 period instead.

As this chart shows, there is basically no relationship between businesses citing increased regulations and taxes and higher unemployment rates:

In fact, some studies show that far from killing jobs, regulations help create them and help boost economic growth.

Instead, the San Francisco Fed shows that lack of job creation is tied to a lack of demand — customers don’t have any money to spend, so businesses have no reason to expand. “U.S. counties with high household debt levels coming into the recession are the same counties with depressed levels of employment in the nontradable sector today,” the study said.

Climate Progress

Government’s Legitimate Role: A Football Analogy

Referee Jeff Triplette checks on Green Bay Packers quarterback Aaron Rodgers.

By Stephen Hiltner

One seemingly bottomless source of national pessimism today is the notion that government can’t do anything right and that regulators are by nature the enemy of freedom and commerce. This pessimism, deeply rooted in the ideology that took hold in the 1980s, is a core impediment to action on climate change.

President Obama took a different view in his inauguration speech, saying we’ve learned from the nation’s history that “a free market only thrives when there are rules to ensure competition and fair play.” Today’s Super Bowl will confirm this view, as players in a thriving NFL demonstrate that immersion in a closely regulated playfield environment is no impediment to high performance, spirit and invention.

Sports in general provides a fine analogy for what government’s role should ideally be. The athletes and their teams, motivated to beat the competition, bring to their game the same energy and creativity that entrepreneurs and businesses bring to the marketplace. But though the players and coaches may dispute a call now and then, they don’t make the mistake of perceiving regulation as the enemy. Rather, a good game requires clear rules and regulations that are fairly applied.

Boundaries in sports do not constrict action so much as channel it, challenging the players to refine their skills to make the most of the freedom and opportunities the game’s framework provides. Without a net and clear boundaries, tennis would never have produced the likes of a Federer or Djokovic. Similarly, manufacturers have responded to the combination of a competitive marketplace and rigorous government standards by greatly increasing the efficiency of appliances like refrigerators, while also lowering costs. Environmental regulations, then, are falsely maligned when in fact they can motivate manufacturers to dramatically improve their products and save consumers money.

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Economy

Boeing’s Battery Fires Illustrate The Perils Of Self-Regulation

Airline manufacturer Boeing’s newest plane, the 787 Dreamliner, is grounded around the world due to concerns over the lithium battery on which it relies. On January 7, a battery caught fire inside a parked Dreamliner in Japan, raising concerns that similar problems may be prevalent in the new planes.

The Federal Aviation Administration, the airline industry’s regulator, relied heavily on data provided by Boeing showing that the lithium batteries “featured redundant safeguards that were essentially foolproof,” the Wall Street Journal reported this morning. And though the airline industry is safer today that it has ever been, the FAA is increasingly relying on airline manufacturers to regulate themselves because it has “neither the budget nor the expertise” to test battery systems and other aircraft features itself:

Such reliance on manufacturers in certifying new planes is the standard approach for the agency, which today oversees the safest airline fleet in history. But barely days after vouching for the jet’s safety, the FAA’s about-face is focusing renewed attention on how cutting-edge aircraft are brought into service. [...]

The aircraft-approval process has long been a give-and-take between manufacturer and regulator, with the two sides collaborating and sharing information. Compared with the industry, the FAA has neither the budget nor the expertise to do extensive testing on its own. Instead, it often designates company teams to do the bulk of the work, with FAA participation and oversight.

Lithium-ion batteries have never before been used in aircraft, but when Boeing developed its new system for use in the Dreamliner, it ultimately “had the lead in certifying the safety and reliability of the batteries,” the Journal reported. After 200,000 hours testing, the system received final approval from the FAA, which never re-evaluated its 2007 decision to approve the battery’s use. And so, last week, Boeing debuted an aircraft featuring never-before-used technology that it seemingly developed, certified, and regulated itself, with the FAA performing only in an “oversight” role.

The FAA isn’t alone. Allowing industries to self-regulate has become an increasingly common practice in an era of crunched budgets and shrinking staff sizes at enforcement agencies. The Department of Energy has considered outsourcing fracking regulations to the natural gas industry, even as concerns about the environmental implications of the practice continue to mount. The U.S. Department of Agriculture has tested food safety reforms that would shift much of the responsibility for regulating poultry to manufacturers. Trial runs of the program found far higher rates of defects in approved poultry products than there were in samples reviewed by government regulators.

In the financial industry, regulatory agencies can’t afford to fill their staffs or enforce regulations, a problem that played an extensive role in the collapse of the housing market. With less oversight and more responsibility, banks rubber-stamped mortgage applications and foreclosure documents, committing fraud, abusing homeowners, and bringing the American economy to the brink of collapse in the process. Lack of oversight and regulation also played an extensive role in interest rate-rigging and money laundering scandals at large banks.

Some responsibility for regulation will inevitably fall to private companies, no matter how well-funded, staffed, and trained regulatory agencies are. But the concerns that have emerged with the Dreamliner are yet another indication that our regulatory agencies need to be fully-funded, and that leaving too much of the regulatory responsibility to private companies is a recipe for disaster for consumers.

Alyssa

‘A Different World’ And Why We Don’t Have More Majority-Black Television Shows

Over at the AV Club, Todd VanDerWerff has written an installment of that site’s 100 Episodes series on A Different World, the last majority-black show to crack the Nielsen top ten, but it’s really an opportunity to discuss the end of the requirement that television broadcasters and television production companies be owned by different organizations. And in turn, Todd uses the end of those regulations, by Bill Clinton’s administration, to explain the decline of independent television production companies that were both more likely to and more capable of producing content about people of color and blue-collar characters. He explains:

When A Different World debuted in 1987, by far the most powerful production company in TV was Carsey-Werner Productions, even though the company had only one show on the air, The Cosby Show. The Huxtables so dominated the television landscape at the time that Carsey-Werner could afford to be picky about follow-up projects, and A Different World was the first Carsey-Werner series to make the air after Cosby. (The next, Roseanne, also went on to be a Nielsen top-10 mainstay and was the series that finally toppled Cosby’s reign.) Run by Marcy Carsey and Tom Werner, who had both been comedy development executives at ABC in the ’70s, the company was fond of recruiting outsider voices, particularly stand-up comedians, then building television series around them. The company produced a handful of series before Cosby, but Cosby made Carsey-Werner’s name and bought it the financial room it needed to be choosy with future projects. The Cosby Show was built around Bill Cosby’s voice, and he wanted to do a show to counteract many of the images of black families elsewhere in the media. He wanted two successful parents with five children also primed for success. He wanted stories that were very small, occasionally almost conflict-free, the better for Cosby to start riffing. And as the show ran, he wanted to reflect on the black experience in the United States, on the greats who had made the kind of life the Huxtables enjoyed possible.

There are a lot of reasons television is as white—and in other ways, as conservative—as it is. But the decline of independent production companies, and of a system that gave them power, makes it much, much more important to attract the attention of gatekeepers inside of organizations that have consolidated economic interests. It’s what makes it so important that Shonda Rhimes is using her power as a producer and as someone with a solid track record of hit shows for ABC to promote the work of Issa Rae, who made her name through television distributed online, and what makes it depressing that Tyler Perry, who could act as a similar facilitator, doesn’t lend backing to other creators of any race or gender.

Catching a television gatekeeper’s eye has always been a difficult thing. And it can seem inexplicable who gets noticed, and who gets an opportunity to get execute their vision, whether it’s Rae or Lena Dunham, and who doesn’t. But as Todd’s piece points out, part of the problem is that there are now fewer gatekeepers whose attention is available to be caught, and they are less independent from the dual financial pressures of trying to sell both shows and advertising. You can quibble about who they let in the door. But if we care about changing what we see on television, it makes sense to focus more on where the doors are, how many of them there are, and who has the ability to turn the keys and the knobs.

Economy

Associated Press Warns About Wave Of Obama Regulations That Doesn’t Exist

Our guest blogger is Amy Sinden, a member scholar at the Center for Progressive Reform and professor at the Temple University Beasley School of Law.

“Election over, administration unleashes new rules,” trumpeted an Associated Press story this week.

What are these newly unleashed rules? Perhaps the big food safety rules that have been stalled for more than a year have gone through? Rules limiting greenhouse gas emissions from new and existing power plants? Long-awaited rules to protect coal miners’ safety?

Not quite. In fact, the AP strained to come up with just tiny examples: “[T]he Environmental Protection Agency has proposed rules to update water quality guidelines for beaches and other recreational waters and deal with runoff from logging roads.”

The recreational waters standard was a welcome development, but not particularly consequential or abrupt. EPA was required by law to issue the recreational water standards by 2005; it has issued them now only after being ordered by a court to do so. And as the agency explained in its press release, “The criteria released today do not impose any new requirements; instead, they are a tool that states can choose to use in setting their own standards.”

As for the rule earlier this month on runoff from logging roads, it’s not what you might imagine: it says that EPA will not be regulating pollution from logging roads. That regulation was issued in an incredibly short period of time; it took only three months from the agency proposing a rule to issuing its final “rule.” If only the Administration were so aggressive with protective rules.

The AP next points to the National Highway Traffic Safety Administration’s proposal to require event data recorders (black boxes) in cars. Also a welcome requirement, but again not evidence of the regulatory deluge that conservatives quoted in the article bemoan. In reality, 96 percent of new cars already have the devices, and the auto industry is not opposing the requirement.

In truth, the administration has made little apparent progress on environmental, health and safety since the election. Given that the administration essentially stopped regulating for a period of months in the run-up to Election Day, we might have expected more activity. Some progress is possible later today, when the EPA is under court order to finally issue a rule on soot pollution. But a host of key rules still hang in the balance.

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Health

Why One 15-Year-Old Girl Wants The FDA To Crack Down On Her Gatorade

A petition calling for beverage producers to stop using a little-known chemical additive in their products has gained more than 150,000 signatures on Change.org, sparking a debate about the U.S.’s current regulation of the food and beverage industry.

15-year-old Sarah Kavanagh started the petition after checking the label on her Gatorade and discovering that “brominated vegetable oil” (BVO) — an additive used to keep flavor from separating — was listed on the bottle. When she researched the substance further, she found out that it can be associated with serious neurological and fertility issues, and wondered why it was still allowed to be used in the United States:

Use of the substance in the United States has been debated for more than three decades, so Ms. Kavanagh’s campaign most likely is quixotic. But the European Union has long banned the substance from foods, requiring use of other ingredients. Japan recently moved to do the same.

B.V.O. is banned other places in the world, so these companies already have a replacement for it,” Ms. Kavanagh said. “I don’t see why they don’t just make the switch.” To that, companies say the switch would be too costly.

The renewed debate, which has brought attention to the arcane world of additive regulation, comes as consumers show increasing interest in food ingredients and have new tools to learn about them. Walmart’s app, for instance, allows access to lists of ingredients in foods in its stores.

BVO is found in approximately 10 percent of all drinks sold in the U.S., including Mountain Dew, Fanta Orange, Fresca, and Gatorade. Although evidence suggests serious effects of BVO may not occur unless consumed in very large quantities, its use points to larger issues concerning the way food is regulated in the United States. Serious loopholes in laws and regulations allow thousands of additives into food without any oversight from the FDA.

When setting up regulation of food additives, Congress exempted two types from FDA oversight: those already approved by the agency and those “generally recognized as safe.” It is the second type — “the loophole that swallowed the law” — that is a cause for concern. As the New York Times points out, companies using this loophole “can create a new additive, publish safety data about it on its Web site and pay a law firm or consulting firm to vet it to establish it as ‘generally recognized as safe’ — without ever notifying the F.D.A.” In fact, of the 10,000 additives allowed in food, 3,000 have never been reviewed by the FDA.

And the debate over BVO is just the latest of several controversies surrounding the chemical content of other beverages, in which energy drinks have been tied to more than a dozen deaths, and sugary drinks conclusively linked to obesity.

– Greg Noth

Health

How A Federal Appellate Court Diluted The FDA’s Power To Regulate Big Pharma

A federal appellate court on Monday sided with pharmaceutical industry interests to overturn the conviction of Alfred Caronia, a pharmaceutical sales representative who sold and promoted drugs for off-label use, on First Amendment grounds. This decision sets the stage for a potential Supreme Court case that would have enormous consequences for the Food and Drug Administration (FDA), and potentially shift the contours of how the pharmaceutical industry is regulated in America.

The Second Circuit Court of Appeals in Manhattan found by 2-1 margin that Caronia was simply exercising his right to free speech while promoting a drug — which has been officially approved by the FDA to treat narcolepsy — as a suitable treatment for insomnia, along with several other medical conditions for which it was not intended. While doctors have the authority to prescribe medication for purposes other than a drug’s intended use, drug manufacturers are subject to a higher level of scrutiny in the way they promote their products’ uses, and firms such as Johnson&Johnson have had to dole out big settlements to the Justice Department in recent years for violating these standards and promoting off-label use.

While the appellate court ruled that Caronia was within his constitutional rights to discuss the alternative effects of the drug he was promoting, government officials and dissenting Judge Debra Livingston warned that the Second Circuit’s wide-ranging decision could open up a can of worms that leads to an asymmetric level of power and discretion for pharmaceuticals, while stripping the FDA of its ability to safeguard Americans’ health by effectively regulating drug makers:

“Most if not all of these cases have been based on a central premise: that it is unlawful for a company and one of its employees to be promoting a drug or a medical device off-label,” said John R. Fleder, a director at the law firm Hyman, Phelps & McNamara who represented the F.D.A. while working at the Justice Department. “And this decision hits at the heart of the government’s theory.” [...]

Under the Food, Drug and Cosmetic Act, which gives the F.D.A. the authority to regulate drugs, selling a “misbranded drug,” or one that is intended to be used for purposes not listed in the label, is illegal. Doctors, on the other hand, are free to prescribe a drug for any use. The agency has argued that off-label promotion of drugs is evidence that a sales representative or company intended to sell misbranded drugs. [...]

The lone dissenting judge [in the court's decision], Judge Debra Ann Livingston, vigorously disagreed, arguing that by throwing out Mr. Caronia’s conviction “the majority calls into question the very foundations of our century-old system of drug regulation.” She argued that if drug companies “were allowed to promote F.D.A.-approved drugs for nonapproved uses, they would have little incentive to seek F.D.A. approval for those uses.”

If the decision is upheld in a review by the full Second Circuit bench or the Supreme Court, the FDA will have to significantly modify its approach to overseeing the drug industry. Former FDA chief counsel Gerald Masoudi says that the ruling will force the FDA to “focus on the kinds of speech that are more likely to harm consumers, such as false or misleading marketing versus something that is not approved” in future dealings with pharmaceutical promotion and advertising.

This is not the only major drug industry case that may soon be headed to the Supreme Court. As ThinkProgress reported, the Supreme Court decided Monday to review a case asking whether bio-tech drug company Myriad Genetics can patent two human genes for a cancer-prevention screening procedure.

Alyssa

‘Game Of Thrones’ And The Fight Against Food Truck Regulation

A lot of nerdy policy journalists, yours included, have written about the applicability of Game of Thrones to aiding our understanding of issues ranging from China’s ownership of U.S. debt to rape as a weapon of war, but I’m pretty sure this is the first time the franchise has been appropriated for a real-life political campaign. In this case, it’s the Institute for Justice, a libertarian litigation shop, using Game of Thrones to fight against food truck regulations in Chicago:

We here at ThinkProgress are big fans of food trucks (which have also been used to promote the franchise) and their continued efforts to enlighten the DC eating scene, where there have been similar rumblings about regulating them in favor of brick and mortar storefronts. Clearly, Game of Thrones is able to bring audiences together across demographics, and political lines, even if its characters can’t unite a kingdom worth a damn.

Climate Progress

Hey Politicians, Keep Your Hands Off The Environmental Protection Agency

by Ronnie Citron-Fink

The year I graduated high school and drove a beat-up orange Datsun over the George Washington Bridge to discover a brave new world — college — was the same year the image above was shot.

Across the country, images like this one became the environmental story that was sure to define our future. In this toxic soup of pollution that ranged from horrific air quality mirrored in the scene above, to chemically polluted waterways, some of which were sickeningly catching on fire; environmental consciousness was born.

In a collective, bipartisan roar that transcended politics (as it hit home for everyone — legislators and their constituents), it was concluded that our environment was dying a rapidly polluted death.

Don’t Go Backwards

I was reminded of this scene when I learned it was Pollution Protection Week. This week highlights the efforts of the EPA, its partners, and the public in making pollution prevention a cornerstone of sustainability. This realization became America’s official policy in 1990 with the Federal Pollution Prevention Act’s declaration that, “Pollution should be prevented or reduced at its source, whenever possible.”

Let’s go back and take a closer look…

What Has the EPA Done for Us?

The EPA was established on December 2, 1970. Since is inception, the EPA has been working to protect the health and well-being of Americans. But government agencies often bear the brunt of political bashing. Sometimes warranted. Sometimes not. Either way, at this point in time, when there are so many important regulations on the chopping block and a presidential election looming, it’s valuable to revisit why we must protect the EPA.

The Facts:

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Economy

134-Year Old Soccer Club Takes Advantage Of So-Called ‘JOBS Act’ To Go Public As An ‘Emerging’ Company

The globally popular English soccer club Manchester United made its initial public offering on Friday, and has been trading essentially flat since then. As ThinkProgress noted, Manchester United’s IPO highlighted the absurdity of the so-called JOBS Act — championed by Congressional Republicans and signed by President Obama in April — which allowed the club to avoid a host of securities laws and disclosures.

For instance, under the law, the 134-year old club was allowed to file as an “emerging” company, as Ed Mierzwinski of U.S. PIRG wrote:

The venerable English football club Manchester United, founded in 1878, is expected to file an IPO today under a new deregulatory U.S. law, the so-called JOBS Act of 2012, that passed overwhelmingly despite opposition from U.S. PIRG and other investor protection organizations, because it was supposedly intended to help newer, smaller, “emerging” companies go public without dealing with pesky securities law requirements designed to deter fraud and chicanery.

As Marketwatch noted, calling United is an “emerging” company is a “questionable concept for the operator of an 134-year-old football club.” The offering raised $234 million for the club, valuing it at more than $2 billion.

And the club is far from the only entity gaming the JOBS Act. The misnamed law has already allowed significant financial shenanigans, as shell companies with no employees are popping up and filing as “emerging,” giving bigger businesses a way to take advantage of the law’s lax disclosure provisions.

“The Glazers [Manchester United's owners] have really shielded this operating company from investors, so the confidential nature of the IPO is particularly concerning in this case,” Francis Gaskins, President of IPO Desktop, told CNN Money. “They’re the poster child for what’s wrong with this law.”

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