187x Filetype PPTX File size 0.07 MB Source: www.law.uchicago.edu
Overview 1. What is cost-benefit analysis (CBA)? 2. The role of CBA in agency regulation • Congress • Executive branch • Courts 2 Overview, cont. 3. The Theory of CBA • Welfarism • Transparency 4. Controversies • Hard valuations: life, culture • Uncertainty • Discounting 5. The Future of CBA • In the executive branch • In the courts 3 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 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 Reject 4 What is CBA?, cont. • Issues and problems • Informal or rigorous? • Determining costs • Purchase price of scrubbers; maintenance costs; labor costs; etc. • Predicting technological change that may reduce costs • Determining 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 5 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 6
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