Category: Regulations

California Regs Requiring Electric Trucks at Ports, Raise Supply Chain Costs, Fueling Inflation for Consumers

(p. B1) Neri Diaz thought he was ready for a crucial juncture in California’s ambitious plans, closely watched in other states and around the world, to phase out diesel-powered trucks.

His company, Harbor Pride Logistics, acquired 14 electric trucks this year to work alongside 32 diesel vehicles, in anticipation of a rule that says diesel rigs can no longer be added to the list of vehicles approved to move goods in and out of California’s ports. But in August the manufacturer of Mr. Diaz’s electric vehicles, Nikola, took back the trucks as part of a recall, saying it would return them in the first quarter of the new year.

“It’s a brand-new technology, first generation, so I knew things were going to happen, but I wasn’t expecting all my 14 trucks to be taken back,” he said. “It is a big impact on my operations.”

. . .

(p. B5) Large companies, with deep pockets and big facilities, are best positioned to make the green transition. Mike Gallagher, a California-based executive at Maersk, the Danish shipping giant, said the company had a fully electric fleet, comprising some 85 vehicles made by Volvo and BYD, the Chinese automaker, for transporting goods up to 50 miles out of the ports of Southern California. And it has worked with landlords to install scores of chargers at its depots.

“We’re well ahead of the curve,” he said.

But smaller trucking fleets do most of the port runs — accounting for some 70 percent at the Los Angeles port — and they are going to find the transition hard. The California Trucking Association has filed a federal lawsuit against the state’s trucking rules, including the one focused on port trucks, contending that they represent “a vast overreach that threatens the security and predictability of the nation’s goods movement industry.”

Matt Schrap, the chief executive of the Harbor Trucking Association, another trade group, said the port truck rules lacked exemptions that would help smaller businesses survive the transformation. Getting access to chargers is particularly difficult for smaller fleets, he said: They are expensive, and the truck yard landlords may be reluctant to install them, forcing the operators to rely on a public charging system that is only just getting built.

“The landlord is, like, ‘There’s not a snowball’s chance in Bakersfield that you’re going to tear up my parking lot to put in some heavy-duty charging,’” Mr. Schrap said.

Concern exists beyond the trade groups. Mr. Gallagher, the Maersk executive, said that if the clean truck rules caused serious problems for smaller operators, it could be “a significant disruption to the supply chain.”

. . .

Mr. Diaz, the operator whose Nikola trucks were recalled, said that charging the trucks cost roughly 40 percent less than diesel, and that he was impressed with their performance. Even with the help of state grants, he estimates that the electric trucks cost him as much as 50 percent more than diesel models. During the recall, Nikola has been covering the payments on the loans Mr. Diaz took out to buy the trucks, but he said he was concerned about the truck maker’s financial situation.

. . .

Rudy Diaz, president of Hight Logistics, said the new regulations had pushed up some of his costs as his company brought drivers onto its payroll and reduced its reliance on contract drivers using their own diesel trucks.

“It’s extra headaches, extra costs,” he said. “But consumers are asking for products that are more sustainable, and they’re willing to pay the price.”

For the full story, see:

Peter Eavis and Mark Abramson. “California Is Pushing E.V.s As the Future of Freight.” The New York Times (Saturday, December 30, 2023): B1 & B5.

(Note: ellipses added.)

(Note: the online version of the story was updated Dec. 29, 2023, and has the title “California Pushes Electric Trucks as the Future of Freight.”)

Disabled Civil Rights Leader Removed from Audience of “The Color Purple” Because the Chair He Brought Fails to Comply with the Americans with Disabilities Act

Presumably the Reverend William J. Barber II knows what chair designs reduce the chronic pain he feels from the ankylosing spondylitis he has endured “for almost 40 years.” He has what Hayek called “local knowledge” that is not possessed by the government legislators and enforcers of the Americans with Disabilities Act. Regulations keep individuals from using their local knowledge, with results that can be outrageously unfair.

(p. A15) AMC Theaters has apologized to the Rev. William J. Barber II, a civil rights leader, after he was escorted from a Greenville, N.C., theater after employees refused to allow him to use a chair he needs to manage a painful medical condition, he said.

Mr. Barber, 60, was attending a Tuesday afternoon screening of “The Color Purple” with his mother, Eleanor Barber, 90. He said he tried to use the chair, which an assistant carried for him, by placing it in an area reserved for handicapped seating, saying he had done so before in theaters, at Broadway plays and even on a visit to the White House.

He said a theater employee told him that he would not be able to use the chair, which looks like a small stool, because it did not comply with guidelines in the Americans with Disabilities Act.

. . .

Mr. Barber has a condition called ankylosing spondylitis, and walks slowly with the aid of a cane. He said the disease attacks his joints “like a guided missile” and has forced him to live with chronic pain for almost 40 years. “I describe it like that because it’s a war to live with it,” he said.

He added that people with disabilities often fight invisible battles that can be difficult for people not living with disabilities to understand.

For the full story, see:

Clyde McGrady. “Rights Leader Gets Apology For Removal From Theater.” The New York Times (Saturday, December 30, 2023): A15.

(Note: ellipsis added.)

(Note: the online version of the story has the date Dec. 28, 2023, and has the title “AMC Theaters Apologizes to Civil Rights Leader Removed From Movie Theater.”)

Communists Extinguish Hong Kong’s “Brash Flash”

(p. 8) It was never just about the neon, that Cubist, consumerist razzle-dazzle cantilevered over Hong Kong’s streets announcing pawnbrokers and mooncake bakers, saunas and shark’s fin soup shops.

. . .

Because while the government’s crackdown on the neon signs stems from safety and environmental concerns, the campaign evokes the fading of Hong Kong itself: the mournful allegory for an electric city’s decline, the literal extinguishing of its brash flash.

Nights in Hong Kong these days feel as if still in the pall of a plague, or a deep political malaise.

Many of the tourists and resident foreigners are gone, the old party spots unsullied by their beer-guzzling excess.

Hong Kongers have left, too. More than 110,000 permanent residents departed last year, and the city’s population of those worth more than $30 million shrank by 23 percent, according to government and wealth survey data.

Their departure, a quarter-century after the territory reverted from British to Chinese rule, has been spurred by the territory’s economic decline and by an acute diminishment of political rights.

. . .

A national security law, imposed in 2020, criminalizes acts considered threatening to the state. Students, former legislators and a former media mogul sit in prison because of it.

. . .

The Hong Kong filmmaker Anastasia Tsang’s directorial debut, “A Light Never Goes Out,” is about a family coping with the death of a neon sign maker. The film, Hong Kong’s submission for next year’s Oscars, is an elegy for a disappearing craft that could also be a requiem for something larger.

“Hong Kong people have a very strong feeling of loss,” Ms. Tsang said. “Every day you’ve got a friend or relative who’s going to emigrate. Every day you feel like some part of your flesh is being taken from your skeleton.”

For the full story, see:

Hannah Beech. “A City Where a Lot More Than Neon Is Fading Out.” The New York Times, First Section (Sunday, December 10, 2023): 8.

(Note: ellipses added.)

(Note: the online version of the story has the date Dec. 9, 2023, and has the title “Where Did All the Hong Kong Neon Go?”)

Milken’s Junk Bond Innovation “Opened Up Cheaper and More Efficient Financing”

(p. A15) In “Witness to a Prosecution,” Mr. Sandler, a childhood friend who was Mr. Milken’s personal lawyer at the time, walks the reader through Mr. Milken’s 30-plus year legal odyssey, beginning in 1986 with the federal government’s investigation, followed by his indictment, plea bargain, and prison term, right through to his pardon by President Donald Trump in 2020. The author tells a convincing and concerning story of how the government targeted a largely innocent man and, when presented with proof of that innocence, refused to turn away from a bad case.

. . .

After reading Mr. Sandler’s account, I no longer believe in Mr. Milken’s guilt, and neither should you. The author argues that most of what we know about Mr. Milken’s misdeeds is grossly exaggerated, if not downright wrong. What the government was able to prove in the court of law, as opposed to the court of public opinion, were mere regulatory infractions: “aiding and abetting” a client’s failure to file an accurate stock-ownership form with the SEC, a violation of broker-dealer reporting requirements, assisting with the filing of a false tax return. There was no insider-trading charge involving Mr. Boesky or anyone else, because the feds couldn’t prove one.

. . .

When you digest the reality of the case against Mr. Milken, you find that much of it was nonsense. As Mr. Sandler puts it: “The nature of prosecution and the technicality and uniqueness of the regulatory violations . . . certainly never would have been pursued had Michael not been so successful in disrupting the traditional way business was done on Wall Street.”

. . .

The junk-bond market he helped create has opened up cheaper and more efficient financing to many more companies than it ever destroyed. What started as a $10 billion market is now standing at around $1.4 trillion.

For the full review, see:

Charles Gasparino. “The Milken Story Revisited.” The Wall Street Journal (Monday, Dec. 18, 2023): A15.

(Note: ellipses between paragraphs added, ellipsis internal to penultimate quoted paragraph in original.)

(Note: the online version of the review has the date December 17, 2023, and has the title “BOOKSHELF; ‘Witness to a Prosecution’ Review: The Milken Story Revisited.”)

The book under review is:

Sandler, Richard V. Witness to a Prosecution: The Myth of Michael Milken. ForbesBooks: Charleston, South Carolina, 2023.

The Orthodox Establishment Did Not Understand Michael Milken’s Brilliantly Disruptive Innovations

(p. C13) I . . . ended [the year] with . . . with Richard Sandler’s “Witness to a Prosecution: The Myth of Michael Milken.”

. . .

Mr. Milken’s brilliance led to investments in companies that the “establishment” ignored. When those companies generated outsize returns, there was more interest in trying to find wrongdoing than in understanding his innovative approach to investing.  . . . disrupting established orthodoxies is difficult and . . . the rules established by social structures are riddled with biases that can end up undermining the public good.

For the full review, see:

Nina Rees. “12 Months of Reading: Nina Rees.” The Wall Street Journal (Saturday, December 9, 2023): C13.

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

(Note: the online version of the review has the date December 8, 2023, and has the title “Who Read What in 2023: Political Voices and Policy Makers: Nina Rees.”)

The new book on Michael Milken praised above is:

Sandler, Richard V. Witness to a Prosecution: The Myth of Michael Milken. ForbesBooks: Charleston, South Carolina, 2023.

A book on Milken that I found convincing many years ago is:

Kornbluth, Jesse. Highly Confident: The Crime and Punishment of Michael Milken. New York: William Morrow & Co., 1992.

Costly Sanctimonious Green New Skyscraper Already in Violation of Latest New York Environmental Regulations

(p. A13) One Vanderbilt, a commanding new skyscraper in the heart of Manhattan, seems to be reaching for the future. One of the world’s tallest buildings, it pierces the sky like an inverted icicle and fuses seamlessly with an expanding network of trains and other transport at its foundations.

It is also the rare skyscraper designed with climate change in mind.

. . .

But One Vanderbilt is also something else. It is already out of date.

Some of the building’s most important green features were the right answer to the climate problem in 2016, when design work was completed. “And then the answer changed,” Mr. Wilcox said.

Unlike many skyscrapers, One Vanderbilt generates much of its own electricity. This was a leap forward a decade or so ago — a way of producing power that saved money for landlords and was cleaner than the local grid.

However, One Vanderbilt’s turbines burn natural gas. And while natural gas is cleaner than oil or coal, it is falling from favor, particularly in New York City, which in recent years has adopted some of the most ambitious climate laws in the world, including a ban on fossil fuels in new buildings.

. . .

The truth is that most buildings in New York, big or small, old or new, are bad for the environment. Boilers and furnaces burning fuel in basements are the city’s single largest producer of carbon dioxide, emitting more than double the amount from millions of cars and trucks traveling its roads.

One Vanderbilt, according to its owner, is designed to be more energy-efficient than most new buildings. The structure features several design elements, some exorbitantly expensive, to minimize energy use, such as high ceilings to let in more natural light.

Yet because of the rapidly evolving energy-policy landscape, driven by increasing global concern over climate change, even the most ambitious attempts at sustainability often find themselves facing the possibility of retrofitting the moment the elevator doors open. One Vanderbilt is one such case.

. . .

Landlords such as SL Green say New York City’s new laws will force dramatic changes. Unlike energy codes of the past, one of the key laws, which restricts pollution, doesn’t merely apply to new construction: Existing buildings, no matter how small or how old, must gradually comply and retrofit as well, potentially at eye-watering cost.

For the full story, see:

Ben Ryder Howe. “Built to Be Green, Skyscraper Was Dated From the Beginning.” The New York Times (Thursday, February 16, 2023): A13.

(Note: ellipses added.)

(Note: the online version of the story was updated Feb. 16, 2023, and has the title “New Skyscraper, Built to Be an Environmental Marvel, Is Already Dated.”)

Nebraska Interest Cap Regulation Reduced Consumer Payday Loan Options

(p. A1) Nebraska’s payday lenders have all shut down in the two years since voters capped the interest rate they could charge.

The last handful gave up their delayed-deposit services business licenses in December [2021], according to records kept by the Nebraska Department of Banking and Finance.

Just six months earlier, there had been 19 such businesses.

. . .

. . ., Ed D’Alessio, executive director of INFiN, a national trade association representing delayed-deposit businesses, said the closures were predictable, based on the experience of other states that have imposed similar rate caps.

“Nebraska’s 36% rate cap on delayed-deposit loans was never about consumer protection,” he said. “It was about activists’ thinly veiled desire to eliminate a regulated service valued by many.

“But Nebraskans’ need for credit did not go away. Instead, they have been left with fewer options for managing their financial obligations,” D’Alessio said.  . . .

Payday loans, also known as cash advances, check advances or delayed-deposit loans, are a type of short-term, high-cost borrowing that people use to get small amounts of immediate cash.

For the full story, see:

Martha Stoddard. “Payday Lenders Disappear From State After Rate Cap.” Omaha World-Herald (Tuesday, Sept 13, 2022): A1-A2.

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

(Note: the online version of the story was updated Oct. 18, 2023 [sic], and has the title “Payday lenders disappeared from Nebraska after interest rate capped at 36%.”)

Highly-Taxpayer-Subsidized Lincoln Airline Collapses After Three Months

The “American Rescue Plan Act” was also called the “Covid-19 Stimulus Package” or the “American Rescue Plan.” (To paraphrase Shakespeare on a rose: a “boondoggle” by any other name smells just as foul.)

(p. B2) LINCOLN — Red Way, the startup airline that had been providing service from Lincoln to destinations such as Las Vegas and Orlando, is ceasing operations at the end of the month.

. . .

The Lancaster County Board issued a written statement Wednesday [Aug. 23, 2023], saying it “is deeply disappointed and troubled at this unexpected and sudden turn of events.”

The board said there are “many unanswered questions regarding the Red Way project, (and it) looks forward to receiving a full accounting of this situation as the Lincoln Airport Authority charts a new path forward to serve our community.”

Board member Matt Schulte lamented the $3 million in lost American Rescue Plan Act funds — $1.5 million each from Lancaster County and the City of Lincoln — but called the air travel experiment a chance worth taking.

“I personally voted for this project believing that the air service would develop long term service,” he said. “Unfortunately, it didn’t work. I hope this failed experiment does not have a negative impact on the ability to expand service to the city of Lincoln.”

. . .

Airport officials had seemed optimistic about the airline’s prospects, noting that it had sold 10,000 tickets in just its first two weeks of operation.

In fact, Red Way flew just over 13,000 total passengers in June and July.

But cracks had started to show recently.

Red Way announced in July that it was dropping seasonal flights to Atlanta, Austin and Minneapolis in early August, months earlier than planned, because of poor ticket sales. That news came just two days after the airline had announced new flights to Tampa and Phoenix over the winter months.

Nick Cusick, who resigned from the Airport Authority Board in July after serving more than 10 years, confirmed to the Lincoln Journal Star on Wednesday that Red Way had already burned through most of a $3 million incentive fund provided through ARPA dollars.

It used more than $900,000 in the first month and it withdrew even more in the second month, Cusick said.

For the full story, see:

MATT OLBERDING, Lincoln Journal Star. “Red Way Airline Ceasing Operations.” Omaha World-Herald (Thursday, Aug. 24, 2023): B2.

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

(Note: the online version of the story was updated Sept. 30, 2023, and has the title “Lincoln’s Red Way ceasing operations less than 3 months after inaugural flight.”)

Communists Renege on “Implicit Bargain” to Give Chinese “Stability and Comfort” in Exchange for Lost Freedom

(p. 1) After violently crushing pro-democracy demonstrations at Tiananmen Square in 1989, Beijing struck an implicit bargain: In exchange for limitations on political freedoms, the (p. 9) people would get stability and comfort.

But now the stability and comfort have dwindled, even as the limitations have grown.

. . .

Atop a hill in Shenzhen’s Lianhuashan Park stands a 20-foot bronze statue of Deng Xiaoping. Mr. Deng, the leader who pioneered China’s embrace of market forces after Mao’s death, watches over the city that is a living reminder of the country’s ability to change direction. Mr. Deng is shown in midstride, to honor his credo that opening should only accelerate.

Chen Chengzhi, 80, a retired government cadre who hikes to that statue every day for exercise, credits Mr. Deng with changing his life. Mr. Chen moved to Shenzhen in the 1980s, soon after Mr. Deng allowed economic experimentation here. The city then had just a few hundred thousand people, but Mr. Chen, who had endured famine and the Cultural Revolution, believed in Mr. Deng’s vision.

“At the end of the day, all good things in China are related to Shenzhen,” Mr. Chen said on one of his daily walks, adding that he cheered when China’s premier, Li Keqiang, visited the statue in August and pledged that China would continue opening to the world.

If it doesn’t do so, Mr. Chen said, “China will hit a dead end.”

But Mr. Li is retiring, even as the Xi Jinping era of rising state control stretches on.

For now, Mr. Chen continues climbing the hill — looking over the city that he helped build, that he believes in still.

For the full story, see:

Vivian Wang. “Covid Crackdowns Shake Chinese People’s Faith in Progress.” The New York Times, First Section (Sunday, December 4, 2022): 1 & 9.

(Note: ellipsis added.)

(Note: the online version of the story also has the date December 4, 2022, and has the title “The Chinese Dream, Denied.” The online version says that the title of the print version was “Beijing’s Bargain With Its People Is Shaken” but my National Edition of the print version had the title “Covid Crackdowns Shake Chinese People’s Faith in Progress.”)

If Regulators Allow, Improved Photosynthesis Can Feed More of the Poor Using Less Land

(p. A13) For decades, scientists have pursued a tantalizing possibility for bolstering food supplies and easing hunger for the world’s poorest: improving photosynthesis, the biological process in plants that sustains nearly all life on Earth.

Now, researchers say that by using genetic modifications to increase the efficiency of photosynthesis, they significantly increased yields in a food crop, soybeans, providing a glimmer of potential that such methods could someday put more food on tables as climate change and other threats make it harder for vulnerable populations across the globe to feed their families.

. . .  Their methods will also have to pass muster with government regulators before crops transformed this way will ever reach farmers’ fields.

. . .

Without major changes to agriculture, governments’ targets for mitigating climate change are at risk, scientists warn. Yet addressing malnutrition and hunger in the short term might require pressing more land and other resources into service, which could accentuate warming.

That is why scientific advancements that could help us produce more nourishment without using more land, whether by improving photosynthesis or otherwise, hold such promise.

. . .

The new research in Illinois focuses on “non-photochemical quenching,” a mechanism in plants that protects them from sun damage. When plants are in bright sunlight, they often receive more light energy than they can use for photosynthesis. This mechanism helps them shed the excess energy harmlessly as heat. But after the plant is shaded again, it doesn’t stop very quickly, which means the plant wastes precious time and energy that could be put toward producing carbohydrates.

The researchers’ genetic transformations help plants adjust more quickly to shade. In multilayered plants like rice, wheat, maize and soy, this extra nimbleness could theoretically increase photosynthesis in the middle layers of leaves, which are constantly flitting between sunlight and shadow during the day.

For the full story, see:

Raymond Zhong and Clare Toeniskoetter. “Researchers Alter Genes To Refine Photosynthesis And Improve Crop’s Yield.” The New York Times (Friday, August 19, 2022): A13.

(Note: ellipses added.)

(Note: the online version of the story has the date Aug. 18, 2022, and has the title “Scientists Boost Crop Performance by Engineering a Better Leaf.”)

To Force Use of Organic Farming, Government Banned Chemical Fertilizers; A Ban Which “Devastated” Crops and “Destroyed the Farmers”

(p. A6) GALENBINDUNUWEWA, Sri Lanka—For more than half a century, Pahatha Mellange Jayaappu has tilled the field on his modest farm in Sri Lanka’s agricultural heartland, unswayed by recurrent political and economic turmoil.

Now the 71-year-old is just trying to eke out enough of a harvest to feed his family after an abrupt ban on chemical fertilizers last year devastated his crops. He says he has given up on planting for profit.

“We have lived through armed insurrections and bad government policies,” Mr. Jayaappu said. “This is the worst year I’ve ever seen. They have destroyed the farmers.”

Many Sri Lankans aren’t getting enough to eat, and farmers and agricultural experts say the food shortages are set to worsen. The government reversed the ban in November and promised fresh supplies of chemical fertilizers, but farmers said many received only a small amount, and too late for the current growing season.

. . .

The ban on imports of agricultural chemicals took effect in May 2021, and the rice harvest the following March was down 40%, according to government data. Prices soared. Sri Lanka, which had been largely self-sufficient in rice, was forced to use some of its fast-dwindling foreign reserves to import the key staple. Other crops, like tea, an important foreign-exchange earner, have also suffered. In May, the country defaulted on its external debt.

. . .

Mr. Wickremesinghe was installed by Parliament last month after his predecessor, Gotabaya Rajapaksa, fled the country and resigned in the face of mass protests over fuel shortages and food prices.  . . .

Mr. Rajapaksa billed the ban as a nationwide shift to organic farming, but agricultural experts say that requires a yearslong transition. Opposition lawmakers said cutting off imports of fertilizer, which the government heavily subsidizes for farmers, was a shortsighted attempt to hold on to foreign reserves.

. . .

Farmers complained that the organic fertilizers that came on the market after the ban took effect were poor quality, full of material that wasn’t fully decomposed. And the haste of the ban left insufficient time to make their own compost, or learn how to farm organically.

For the full story, see:

Shan Li and Philip Wen. “Sri Lanka’s Farmers Struggle to Survive.” The Wall Street Journal (Saturday, August 20, 2022): A6.

(Note: ellipses added.)

(Note: the online version of the story was updated Aug. 19, 2022, and has the title “Sri Lanka’s Farmers Struggle to Feed the Country—and Themselves.”)