Category: Public Choice

Musk Confronts or Ignores Regulators Who Block Innovation

(p. A1) He’s become one of the world’s most successful entrepreneurs by reinventing industries from electric cars to rockets. Along the way, he’s also rewritten the rules of engagement with U.S. regulators.

Elon Musk has emerged a winner in a series of run-ins with a range of regulatory agencies that have watched as he sidestepped rules or ignored enforcement attempts. He has overmatched an alphabet-soup of agencies that oversee financial markets and safety in the workplace, on highways and in space flight.

Most chief executives try to avoid regulators—or at least stay in their good graces. Many accused of overstepping have paid fines or agreed to make improvements.

Mr. Musk, revered by some investors for his iconoclastic approach, has taken a different tack on his way to becoming one of the richest men in the world, not letting regulations hinder his goals to revolutionize transportation with Tesla Inc.’s electric cars or colonize Mars using SpaceX rockets.

Federal agencies say he’s breaking the rules and endangering people. Mr. Musk (p. A10) says they’re holding back progress.

. . .

The Federal Aviation Administration criticized SpaceX for launching a rocket in December [2020] without a proper FAA license. Mr. Musk ridiculed the FAA space division in a tweet as “fundamentally broken.”

. . .

When asked to comment on the specifics of this article, Mr. Musk replied with a “poop” emoji. Asked to elaborate, Mr. Musk declined to provide any input on his interactions with federal agencies or his view toward regulation. In a tweet Tuesday, Mr. Musk said he agrees with regulators “99.9% of the time.” He added that when they disagree, it “is almost always due to new technologies that past regulations didn’t anticipate.”

. . .

After the FAA delayed a January [2021] test launch, Mr. Musk accused the agency of holding back progress and argued that its regulations were outdated. “Their rules are meant for a handful of expendable launches per year from a few government facilities,” he tweeted on Jan. 28. “Under those rules, humanity will never get to Mars.”

. . .

The National Labor Relations Board ruled in March that Tesla had violated U.S. labor law by hindering unionization and ordered Mr. Musk to delete a tweet discouraging employees from unionizing. Tesla this month appealed the decision, saying the NLRB’s ruling was “contrary to law.”

Mr. Musk’s tweet remains online. The NLRB declined to comment.

For the full story, see:

Ben Foldy, Rebecca Elliott, Susan Pulliam. “Elon Musk’s War With Regulators.” The Wall Street Journal (Thursday, April 29, 2021): A1 & A10.

(Note: ellipses, and bracketed years, added.)

(Note: the online version of the story has the date April 28, 2021, and has the title “Elon Musk’s War on Regulators.”)

New Regulations Pushed by Union Allied with de Blasio Will Limit New NYC Hotels

(p. A8) Mayor Bill de Blasio and other New York City leaders are pushing a controversial plan to drastically restrict hotel development, a move that the mayor’s own experts fear could endanger the city’s post-pandemic recovery and cost billions in lost tax revenue.

. . .

The Council is expected to approve the plan in time for Mr. de Blasio to see it become law before he leaves office this year. Once it is in place, developers fear that few, if any, new hotels would be built.

. . .

“We flag that to continue with this proposal could be seen as contrary to economic recovery principles and sound planning,” Marisa Lago, the director of the planning department, wrote last year in the memo to City Hall.

But Mr. de Blasio’s views hew closer to those of another group: the hotel workers union that endorsed his 2020 presidential campaign, pouring $440,000 into ads to bolster his ill-fated candidacy.

The union, the Hotel Trades Council, has long pushed to limit the construction of new hotels, which are often nonunion. Its calculation has been that limiting the development of such hotels, which typically offer less-expensive lodging than existing full-service hotels, would tend to increase hotel room prices generally and bolster the higher-end hotels where many of its workers are employed.

. . .

In most of the city, developers are free to build hotels in areas that are zoned for such use. Under a special approval process, building hotels would become far more challenging, said Moses Gates, vice president of housing and neighborhood planning at the Regional Plan Association, an influential nonprofit planning group. No other type of routine development currently gets the kind of scrutiny that Mr. de Blasio is proposing for hotels, he said.

“Hotels would be the only common land use which would always need City Council approval to be built, no matter what,” Mr. Gates said.

. . .

The Hotel Trades Council’s support of a special permit process for new hotels may seem counterintuitive, since it is effectively opposing the growth of jobs in the industry that it represents. Union hotel jobs in New York City provide one of the few pathways to the middle class for workers with no college education.

“Labor generally is in favor of employment and of growth, but especially jobs in their own sector,” said Harry C. Katz, a professor of collective bargaining at Cornell University.

But mid-market hotels that serve middle-class tourists are hard to unionize, union and industry experts say. If citywide special permits are adopted, as is expected, the hotel union would most likely use its political leverage to pressure Council members to only accept new hotels that use union labor.

For the full story, see:

Dana Rubinstein and J. David Goodman. “A Plan to Limit New Hotels in New York Meets Resistance.” The New York Times (Wednesday, April 28, 2021): A8.

(Note: ellipses added.)

(Note: the online version of the story has the date April 27, 2021, and has the title “A $7 Billion Mistake? New York Seeks to Curb New Hotels.”)

The research co-authored by Stone and mentioned above was described in:

Stone, Brian, Jr., Evan Mallen, Mayuri Rajput, Carina J. Gronlund, Ashley M. Broadbent, E. Scott Krayenhoff, Godfried Augenbroe, Marie S. O’Neill, and Matei Georgescu. “Compound Climate and Infrastructure Events: How Electrical Grid Failure Alters Heat Wave Risk.” Environmental Science & Technology (published online in advance of print on April 30, 2021).

“As a Species, We’re Very Good At Adapting”

(p. A11) Barack Obama is one of many who have declared an “epistemological crisis,” in which our society is losing its handle on something called truth.

Thus an interesting experiment will be his and other Democrats’ response to a book by Steven Koonin, who was chief scientist of the Obama Energy Department. Mr. Koonin argues not against current climate science but that what the media and politicians and activists say about climate science has drifted so far out of touch with the actual science as to be absurdly, demonstrably false.

. . .

Mr. Koonin still has a lot of Brooklyn in him: a robust laugh, a gift for expression and for cutting to the heart of any matter. His thoughts seem to be governed by an all-embracing realism. Hence the book coming out next month, “Unsettled: What Climate Science Tells Us, What It Doesn’t, and Why It Matters.”

Any reader would benefit from its deft, lucid tour of climate science, the best I’ve seen. His rigorous parsing of the evidence will have you questioning the political class’s compulsion to manufacture certainty where certainty doesn’t exist. You will come to doubt the usefulness of centurylong forecasts claiming to know how 1% shifts in variables will affect a global climate that we don’t understand with anything resembling 1% precision.

. . .

Mr. Koonin is a practitioner and fan of computer modeling. “There are situations where models do a wonderful job. Nuclear weapons, when we model them because we don’t test them anymore. And when Boeing builds an airplane, they will model the heck out of it before they bend any metal.”

“But these are much more controlled, engineered situations,” he adds, “whereas the climate is a natural phenomenon. It’s going to do whatever it’s going to do. And it’s hard to observe. You need long, precise observations to understand its natural variability and how it responds to external influences.”

Yet these models supply most of our insight into how the weather might change when emissions raise the atmosphere’s CO2 component from 0.028% in preindustrial times to 0.056% later in this century. “I’ve been building models and watching others build models for 45 years,” he says. Climate models “are not to the standard you would trust your life to or even your trillions of dollars to.”

. . .

Let technology and markets work at their own pace. The climate might continue to change, at a pace that’s hard to perceive, but societies will adapt. “As a species, we’re very good at adapting.”

. . .

. . . , the mainstream climate community will try to ignore his book, even as his publicists work the TV bookers in hopes of making a splash. Then Mr. Koonin knows will come the avalanche of name-calling that befalls anybody trying to inject some practical nuance into political discussions of climate.

He adds with a laugh: “My married daughter is happy that she’s got a different last name.”

For the full interview, see:

Holman W. Jenkins, Jr., interviewer. “How a Physicist Became a Climate Truth Teller.” The Wall Street Journal (Saturday, April 17, 2021): A11.

(Note: ellipses added.)

(Note: the online version of the interview has the date April 16, 2021, and has the title “Mr. Humble and Dr. Butcher’ Review: A Heart in the Right Place.”)

Koonin’s climate book, discussed in the interview quoted above, is:

Koonin, Steven E. Unsettled: What Climate Science Tells Us, What It Doesn’t, and Why It Matters. Dallas, TX: BenBella Books, 2021.

Cuomo-Endorsed Closure of Indian Point Nuclear Reactors Increases New York’s Use of Fossil Fuels

(p. B6) For most of his long political career, Gov. Andrew M. Cuomo railed against the dangers of having a nuclear power plant operating just 25 miles away from New York City, saying its proximity to such a densely populated metropolis defied “basic sanity.’’

But now, the plant is preparing to shut down, and New York is grappling with the adverse effect the closing will have on another of Mr. Cuomo’s ambitious goals: sharply reducing the state’s reliance on fossil fuels.

So far, most of the electricity produced by the nuclear plant, known as Indian Point, has been replaced by power generated by plants that burn natural gas and emit more pollution. And that trade-off will become more pronounced once Indian Point’s last reactor shuts down on April 30 [2021].

“It’s topsy-turvy,” said Isuru Seneviratne, a clean-energy investor who is a member of the steering committee of Nuclear New York, which has lobbied to keep Indian Point running. The pronuclear group calculated that each of Indian Point’s reactors had been producing more power than all of the wind turbines and solar panels in the state combined.

For the full story, see:

Patrick McGeehan. “Nuclear Plant’s Shutdown Means More Fossil Fuel in New York.” The New York Times (Tuesday, April 13, 2021): A15.

(Note: bracketed year added.)

(Note: the online version of the story was updated April 13, 2021, and has the title “Indian Point Is Shutting Down. That Means More Fossil Fuel.”)

Clean-Energy Requires More Transmission Lines Which Requires More Use of Eminent Domain to Seize Private Property

(p. B12) President Biden’s infrastructure plan proposes some tried-and-trusted methods to spur clean-energy development such as a 10-year extension of existing tax credits for solar and wind energy. More interestingly, it introduces an investment tax credit for high-voltage transmission lines.

. . .

The administration is certainly looking in the right direction: To reach President Biden’s net-zero emissions goal by 2050, the U.S. will need to expand electricity transmission systems by 60% by 2030 and may need to triple it by 2050, according to research published by Princeton University in December [2020]. That is because renewable energy-rich places such as the windiest regions aren’t necessarily close to population centers, where electricity demand is.

While the clean-energy industry probably won’t complain about a new subsidy, the tax-credit proposal is a bit of a head scratcher given that the real roadblocks to transmission lines have to do with permitting, much of which is in the hands of state and local authorities.

A shift toward e-commerce should push up productivity by eliminating workers needed in bricks-and-mortar stores, Mr. Gordon said. Videoconferencing should also help, though the public-transit sector could offset some of the gains because buses and rail transit will carry fewer riders, he said.

“For most transmission we need in the country, it’s not a cost issue or an access-to-capital issue, although transmission can be delayed because of cost allocation debates,” said George Bilicic, global head of power, energy and infrastructure at Lazard.

. . .

The proposed plan also calls for a so-called Grid Deployment Authority within the Energy Department to “better leverage existing rights of way” along roads and railways. That would be a good first step, though eminent domain—the power of the government to take private property and convert it for public use—remains largely within state regulators’ hands. While the Federal Energy Regulatory Commission has authority to grant natural-gas pipelines the right of eminent domain under the Natural Gas Act, there is no equivalent authority for electricity transmission under the Federal Power Act and little momentum in Congress to grant that provision.

For the full commentary, see:

Jinjoo Lee. “Productivity Looks Ready to Pick Up.” The Wall Street Journal Tuesday, April 6, 2021): B12.

(Note: ellipses, and bracketed year, added.)

(Note: the online version of the commentary has the date April 4, 2021, and has the title “Biden’s Grid Proposal May Be a Square Peg in a Round Hole.”)

The Princeton research mentioned above is:

Larson, Eric, Chris Greig, Jesse Jenkins, Erin Mayfield, Andrew Pascale, Chuan Zhang, Joshua Drossman, Robert Williams, Steve Pacala, Robert Socolowi, Ejeong Baik, Rich Birdsey, Rick Duke, Ryan Jones, Ben Haley, Emily Leslie, Keith Paustian, and Amy Swan. “Net-Zero America: Potential Pathways, Infrastructure, and Impacts, Interim Report.” Princeton, NJ: Princeton University, Dec. 15, 2020.

Chinese Chip Central Planning Creates “Stunning Absurdities That Defy Logic and Common Sense”

(p. B1) Liu Fengfeng had more than a decade under his belt at one of the world’s most prominent technology companies before he realized where the real gold rush in China was taking place.

Computer chips are the brains and souls of all the electronics the country’s factories crank out. Yet they are mostly designed and produced overseas. China’s government is lavishing money upon anyone who can help change that.

. . .

(p. B2) In a way, China is hoping to achieve the same kind of liftoff that helped it progress from making plastic toys to crafting solar panels.

With semiconductors, though, “the model starts to break down a little bit,” said Jay Goldberg, a tech industry consultant and former Qualcomm executive. The technology is eye-wateringly expensive to develop, and established players have spent decades accumulating know-how. Europe, Mr. Goldberg noted, once had many “incredible” chip companies. Japan’s chip makers are leaders in certain specialized products, but few would call them bold innovators.

“My point is, there is a ladder — China’s moving up it,” Mr. Goldberg said. But it’s “unclear which outcome they go to.”

. . .

At a top-level meeting on the economy last week, the Communist Party’s leaders enshrined technological self-reliance as one of the country’s “Five Fundamentals” for economic development.

Complete self-sufficiency in chips, however, would mean recreating every part of the lengthy supply chains for some of the most complex technology on earth — a mission that would seem to lead, if not to madness, at least to waste.

. . .

“Up until very recently — this year — the goal had been: With state backing, move up the value chain, specialize where China has a comparative advantage, but don’t really try and fall down the rabbit hole of trying to build everything yourself,” said Jimmy Goodrich, the vice president for global policy at the Semiconductor Industry Association, a group that represents American chip companies.

Now, “it’s very clear that Xi Jinping is calling for a redundant domestic supply chain,” Mr. Goodrich said. “And so the rules of economics, comparative advantage and the supply-chain efficiencies have basically been thrown out the door.”

The government is conscious of the dangers. State-run news outlets have amply covered the recent semiconductor flameouts. The message to other upstarts: Don’t mess it up.

When the state broadcaster China Central Television visited one stalled project in the eastern city of Huai’an recently, it found dozens of giant machines idling on the factory floor, many of them still sheathed in plastic.

“There have been some stunning absurdities that defy logic and common sense,” China Economic Weekly said.

. . .

“There is definitely a bubble in China,” he said. “But you can’t overgeneralize.”

. . .

“Something is bound to accumulate, whether it’s equipment, talent or factories, right?” Mr. Liu said. “If not you or the other guy, then it will be someone else who ends up using it. I think this might be the government’s logic.”

For the full story, see:

Raymond Zhong and Cao Li. “China’s Frenzy to Master Chip Manufacturing.” The New York Times (Monday, December 28, 2020): B1-B2.

(Note: ellipses added.)

(Note: the online version of the story has the date Dec. 24, 2020, and has the title “With Money, and Waste, China Fights for Chip Independence.”)

“A Public Choice Analysis of Mandated Randomized Double-Blind Clinical Trials”

My “A Public Choice Analysis of Mandated Randomized Double-Blind Clinical Trials” was presented on April 13, 2021 in the Law & Economics session of the Association of Private Enterprise Education meetings. I am grateful to Ray DeGennaro and Matthew McClanahan for including me in McClanahan’s session and to Lauren Nicole Hughes for recording the session on her smartphone.

To some extent, the presentation was an outgrowth of my book:

Diamond, Arthur M., Jr. Openness to Creative Destruction: Sustaining Innovative Dynamism. New York: Oxford University Press, 2019.

On Vaccines and Economics, Europe Suffers “the Same Bureaucratic and Intellectual Rigidity”

(p. A25) Europe’s vaccination debacle will almost surely end up causing thousands of unnecessary deaths. And the thing is, the continent’s policy bungles don’t look like isolated instances, a few bad decisions made by a few bad leaders. Instead, the failures seem to reflect fundamental flaws in the continent’s institutions and attitudes — including the same bureaucratic and intellectual rigidity that made the euro crisis a decade ago far worse than it should have been.

The details of the European failure are complex. But the common thread seems to be that European officials were not just risk averse, but averse to the wrong risks. They seemed deeply worried about the possibility that they might end up paying drug companies too much, or discover that they had laid out money for vaccines that either proved ineffective or turned out to have dangerous side effects.

So they minimized these risks by delaying the procurement process, haggling over prices and refusing to grant liability waivers. They seemed far less worried about the risk that many Europeans might get sick or die because the vaccine rollout was too slow.

For the full commentary, see:

Paul Krugman. “A Fiasco That’s Very European: Vaccines.” The New York Times (Friday, March 19, 2021): A25.

(Note: the online version of the commentary has the date March 18, 2021, and has the title “Vaccines: A Very European Disaster.”)

Press Should Be “Watchdog, Not Partisan Attack Dog”

(p. 7) WASHINGTON — I’ve been waiting for this moment. The moment when some on the left would react indignantly to journalists doing their job.

It was so enthralling and gratifying to assail Donald Trump as a liar and misogynist that it was bound to be jarring when the beast slouched out of town and liberals had to relearn the lesson that reporters don’t — or shouldn’t — suit up for the blue team.

. . .

. . . , the left declared it a national emergency and acted as though all journalistic objectivity should be suspended. Some thought that the media should ignore Trump’s news conferences and tweets and that the only legitimate interview with Trump was one where you stabbed him in the eye with a salad fork.

Many reporters offered sharp opinions, the kind not seen before in covering a president.

. . .

A whole generation of journalists was reared in the caldera that was Trump’s briefing room.

Some Washington reporters have been worried about this for some time, that the left would “work the refs,” as one put it, and turn on the media and attack if they dared to report something that could endanger the Republic (a.k.a. hurt a Democrat).

But the role of the press in a functioning democracy is as watchdog, not partisan attack dog. Politicians have plenty of people spinning for them. They don’t need the press doing that, too.

For the full commentary, see:

Maureen Dowd. “Democrats, High on Their Own Supply.” The New York Times, SundayReview Section (Sunday, February 28, 2021): 7.

(Note: ellipses added.)

(Note: the online version of the commentary has the date Feb. 27, 2021, and has the title “High on Their Own Supply.”)

Only Very Few of Those Vaccinated Get Covid-19, and When They Do, Symptoms Are Mild or Absent

(p. A8) Nearly 83 million Americans have received at least one dose of a Covid vaccine, and it’s unclear just how many of them will have a “breakthrough” infection, though two new reports suggest the number is very small.

One study found that just four out of 8,121 fully vaccinated employees at the University of Texas Southwestern Medical Center in Dallas became infected. The other found that only seven out of 14,990 workers at UC San Diego Health and the David Geffen School of Medicine at the University of California, Los Angeles tested positive two or more weeks after receiving a second dose of either the Pfizer-BioNTech or Moderna vaccines. Both reports, published on Tuesday [March 23, 2021] in the New England Journal of Medicine, show how well the vaccines work in the real world, and during a period of intense transmission.

. . .

Only some of the virus-positive health workers in the California study showed symptoms, . . ., and they tended to be mild, suggesting that the vaccines were protective. That echoes data from the vaccine trials indicating that breakthrough infections were mild and did not require hospitalizations. Some people had no symptoms at all, and were discovered only through testing in studies or as part of their medical care.

For the full commentary, see:

Denise Grady. “The Vaccinated Can Get Covid, but the Odds are Slim.” The New York Times (Wednesday, March 24, 2021): A8.

(Note: ellipses, and bracketed date, added.)

(Note: the online version of the commentary has the date March 23, 2021, and has the title “Vaccinated People Can Get Covid, but It’s Most Likely Very Rare.”)

The study discussed above is:

Sacerdote, Bruce, Ranjan Sehgal, and Molly Cook. “Why Is All Covid-19 News Bad News?” National Bureau of Economic Research, NBER Working Paper #28110, Nov. 2020.

The NEJM articles mentioned above are:

Daniel, William, Marc Nivet, John Warner, and Daniel K. Podolsky. “Early Evidence of the Effect of Sars-Cov-2 Vaccine at One Medical Center.” New England Journal of Medicine (March 23, 2021).

Keehner, Jocelyn, Lucy E. Horton, Michael A. Pfeffer, Christopher A. Longhurst, Robert T. Schooley, Judith S. Currier, Shira R. Abeles, and Francesca J. Torriani. “Sars-Cov-2 Infection after Vaccination in Health Care Workers in California.” New England Journal of Medicine (March 23, 2021).

U.S. Media Covid-19 Stories More Negative than World Media Stories and than Scientific Journal Stories

(p. A8) Bruce Sacerdote, an economics professor at Dartmouth College, noticed something last year about the Covid-19 television coverage that he was watching on CNN and PBS. It almost always seemed negative, regardless of what was he seeing in the data or hearing from scientists he knew.

When Covid cases were rising in the U.S., the news coverage emphasized the increase. When cases were falling, the coverage instead focused on those places where cases were rising. And when vaccine research began showing positive results, the coverage downplayed it, as far as Sacerdote could tell.

But he was not sure whether his perception was correct. To check, he began working with two other researchers, building a database of Covid coverage from every major network, CNN, Fox News, Politico, The New York Times and hundreds of other sources, in the U.S. and overseas. The researchers then analyzed it with a social-science technique that classifies language as positive, neutral or negative.

The results showed that Sacerdote’s instinct had been right — and not just because the pandemic has been mostly a grim story.

The coverage by U.S. publications with a national audience has been much more negative than coverage by any other source that the researchers analyzed, including scientific journals, major international publications and regional U.S. media. “The most well-read U.S. media are outliers in terms of their negativity,” Molly Cook, a co-author of the study, told me.

About 87 percent of Covid coverage in national U.S. media last year was negative. The share was 51 percent in international media, 53 percent in U.S. regional media and 64 percent in scientific journals.

For the full commentary, see:

David Leonhardt. “The Pandemic Is a Grim Story, but is Bad news the Only Kind?” The New York Times (Wednesday, March 24, 2021): A8.

(Note: the online version of the commentary has the same date as the print version, and has the title “Bad News Bias.”)

The study discussed above is:

Sacerdote, Bruce, Ranjan Sehgal, and Molly Cook. “Why Is All Covid-19 News Bad News?” National Bureau of Economic Research, NBER Working Paper #28110, Nov. 2020.