Is Capitalism Good for the Environment?

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It has been said that capitalism works for a very simple reason – people can be counted on to do what is in their own interest. That has been the basis of human interaction since the beginning of time. One villager would catch fish and sell them to others, which helped the fisherman succeed, but also helped the others, who needed fish. In fact, the only way to make money in a free market is to supply others with something they need, and are willing to pay for. Selfishness does not profit unless it also helps others.
Government can never alter that essential motivation of human nature. Incentives drive all human behavior. If something isn’t working well, it is often because the incentives are wrong. Consider our modern approach to environmental issues, an enforcement system based on expecting people to do what is clearly not in their own interest. No wonder it so often results in controversy, confrontation, and litigation. It doesn’t have to be that way.   The Endangered Species Act is the poster child for backwards incentives. In 2010, the U.S. Fish and Wildlife Service was poised to take a fresh look at the problem under the leadership of a new Director, Sam Hamilton, but his life was tragically ended by a heart attack on the ski slopes at Keystone. Mr. Hamilton had studied the problem throughout his 30-year career with the agency, and reached his now-famous conclusion, that there is no mechanism for private landowners to benefit from investing in species conservation. In several speeches, he said, “The incentives are wrong here. If a rare metal is on my property the value of my land goes up. But if a rare bird is on my property the value of my property goes down.”
It is a crucial point because so much habitat conservation relies on private landowners. In fact, the government says the vast majority of all habitat for endangered species is on private land, so recovery cannot happen without the participation of landowners. Shouldn’t it be in their own interest to invest in the conservation of that habitat?
Aldo Leopold’s famous essay on “Conservation Economics” warned of “the time-honored supposition that conservation is profitable.” He thought long and hard about how to deal with private land that is also critical habitat. He concluded that conservation becomes possible on private lands when it also becomes profitable. In 1934 he wrote simply “that conservation will ultimately boil down to rewarding the private landowner who conserves the public interest.”
Instead, our heavy-handed system won’t even consult landowners in many cases, opting for government control and punishing the lack of “cooperation.” Such an approach has never worked (In 40 years, we have recovered and de-listed fewer than half of one percent of endangered species), and never will.
Sam Hamilton, 15th Director of the U.S. Fish & Wildlife Service
The Endangered Species Act was supposed to provide a carrot and stick, but today it’s all stick. Its sweeping prohibitions on activities that might affect a species or its habitat have created the exact opposite incentive for landowners. “Shoot, shovel, and shut up” is not a joke; it is standard operating procedure. But again, it doesn’t have to be this way.
Think about the tremendous activity often accompanying efforts to avoiding a species becoming listed in the first place. Innovation and cooperation among landowners, local governments, and conservation groups can be tremendous. Colorado spent more than $50 million preserving thousands of acres of habitat in the effort to avoid the Gunnison Sage Grouse listing. Yet despite that 20-year commitment, the federal government simply could not get past its single-minded focus on listing, regulating, and controlling. Similar efforts to avoid new listings in other states have met with similar broken promises and bad-faith outcomes, because the incentives are backwards not only for landowners, but also for federal officials, who are rewarded for how many new things they accomplish, not for how many things they avoid.
What if those incentives were reversed? What if landowners were paid to create and preserve habitat, or better yet, to raise endangered species as efficiently as they raise livestock? What if landowners knew that if a species’ population fell below a certain number it would certainly be listed – and if its population rose above a defined number it would certainly be de-listed? Those would be very powerful incentives for recovery of hundreds of endangered species. Some people might make money – by providing a service the rest of us want and are willing to pay for.
There is nothing morally wrong with self-interest. A stimulating website called Capitalism.org has an analysis of today’s twisted thinking. “The doctrine that one must sacrifice one’s own values and interests for others, in popular usage is regarded as good, though it in fact is evil; and to act rationally in one’s own self-interest, which in fact is good, in popular usage is regarded as evil.” That thinking is backwards, and it is demonstrably bad for the environment.

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Study Says Farm Subsidies Distort Planting Decisions

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In my last column, I provided a summary of the Heritage Foundation’s report on how to change the upcoming farm bill. This week I am addressing Heritage’s view on subsidies. It claims “Government intervention creates numerous problems and makes the status quo of agricultural subsidies an untenable situation. Subsidies distort planting decisions of farmers so that instead of responding to the market, they make decisions based on the incentives provided by the subsidies.” 
Heritage goes on to claim that agricultural subsidies lead to “moral hazard” because risk is shifted to taxpayers and not farmers. Heritage claims the Federal crop insurance program costs approximately $15 billion a year which comes from the taxpayer. Further, it claims “…only 25% of agricultural producers received payments…”. Furthermore it claims from 2005-2014 corn, cotton, wheat, rice, and soybeans received approximately 90% of farm payments.
Two other charges
Heritage claims from 1995-2012 only 10% of farmers received 77% of the commodity payments. The second charge is only 20% of the farmers received 73% of crop insurance subsidies. Heritage claims “Crop insurance has been a failure.” It also asserts “The costs of crop insurance programs are about six times greater than the disaster payment program adjusted for inflation.”
Heritage says USDA and Congress should not help farmers manage risk. It believes faulty assumptions are used by Congress and USDA and they are “Agricultural producers do not have the financial means to manage agricultural risk; agricultural risk cannot be effectively managed and requires government intervention.” 
Heritage then sets forth a number of data about the sizes of farms and farm sales. These numbers I included in last week’s blog. The piece of data attracting my attention was that half of all farm sales are less than $10,000 and that number represents 1% of all sales.
Heritage sets forth several reasons why farm subsidies need to be eliminated. It claims for the last 10 years between 2005/2014 median farm household income was 35% to 19% greater than all other U.S. households. Heritage claims in 2013 the net worth of farm households in the United States was a whopping $801,980 and the average U.S. household net worth was $81,200. With these numbers Heritage makes the point government subsidies are not needed for farm households.
Heritage claims in 2011, 65% of all farms received no payments; 75% of all farms received no commodity payments and 85% of all farms participated in no crop insurance program.
The argument against subsidies
Then, the stunner number Heritage uses to argue against farm subsidies is that from 2005-2014 “…the average annual percentage of income for farm households that came from off-farm income (unrelated to farming or subsidies) was 84% of total income.” Heritage is making the point that risk management in farming is not a big deal. In fact, Heritage claims that most farms are hobby farms.
As stated earlier Heritage says most farms – approximately 51% – have sales less than $10,000 a year. 
Finally the Heritage report claims farmers are well equipped to handle the loss of a crop. It believes that family farms have an average 3-4 commodities in production and that most farmers hedge their market risk if they are totally dependent on farming.
The argument agriculture will face in Congress over the next year and a half from Heritage is that farmers can handle significant risk and that “Farmers are more than capable of managing risk, and while the risks they face can often be significant, not unlike many other businesses, it is by no means a justification for government intervention.”
Heritage will argue that the status quo is untenable and that we in agriculture are presenting a “moral hazard” to the American taxpayer and to the country.
(This column first ran in Farm Futures on May 26, 2017)
 
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Getting Right on Crime

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From Richard Nixon to Donald Trump, conservatives have long known how to be “tough on crime.”
But there is an increasing movement by conservatives to be “Right on Crime” —  to insist on transparency in the criminal justice system with the goal of protecting the public, lowering crime rates, and conserving taxpayers’ money.
The movement started in 2007 in Texas, when legislators found themselves with a choice between spending more than $3 billion for 17,000 new prison beds or reforming their system by shifting spending for residential and non-residential treatment-oriented programs for non-violent offenders, along with enhancing in-prison treatment programs.
Conservatives in Red State Texas thus discovered there was an alternative to “locking them up and throwing away the key,”, achieving better results at less cost.   And the idea has spread to other states.  But the re-evaluation isn’t just based on dollars and sense:  There is an element of fairness and justice underlying the positions taken by many conservatives.  
Two events last month underscore the point –
On April 20, Governor Terry McAuliffe commuted the death sentence of Ivan Teleguz, convicted of hiring someone to murder his ex-girlfriend.  McAuliffe’s action came after he received a letter signed by 25 notable conservatives and libertarians (disclosure:  the author was among the signers) urging commutation.  Among them was former Virginia Attorney General Mark Earley, former Republican Party of Virginia Executive Director Shaun Kenney, and Media Research Center President Brent Bozell.
The argument centered around justice and reasonable doubts.  As the letter pointed out, the case against Teleguz relied almost entirely on dubious testimony from three men:  the alleged “hit man,” who had incentive to lie since he received a deal sparing him from the death penalty in exchange for his testimony against Teleguz and who was given most of the details of the prosecution’s story before he implicated Teleguz, and two other witnesses who later admitted they lied in court.  The trial prosecutor argued in trial that Teleguz had been involved in another murder in Pennsylvania … but it was later revealed that the testimony was fabricated: the Pennsylvania murder had never even happened.
Indeed, innocence is one of the most persuasive conservative concerns about the death penalty.  Since 1973, more than 150 have been exonerated from death row nationally.  Here in Virginia, Earl Washington, Jr. came within days of execution before obtaining counsel and proving his innocence with DNA evidence.  The permanence of the death penalty and the number of those exonerated with DNA evidence (most cases have no biological evidence) animates many who place a premium on ensuring innocent lives aren’t taken.  For them, “accountability” doesn’t include the risk of executing innocent persons.
And a new poll commissioned by the Charles Koch Institute offers evidence that center-right voters share some experiences and views with center-left voters.  Fifty-four percent of those who voted for Donald Trump last year say they know someone who is or has been incarcerated, compared with 53 percent of those voting for Hillary Clinton who say the same thing.
Both Trump and Clinton supporters support the legal principle of Mens Rea (meaning “guilty state of mind), requiring the government to prove that a suspect knew they were committing a crime or reasonably should have known they were committing a crime.  The two groups are nearly tied – 51 percent of Trump voters believe laws should require a guilty state of mind vs. 52 percent for Clinton voters.
Commanding majorities of Trump supporters also favor other common criminal justice reforms:  59 percent oppose giving police the right to seize private assets of a suspect (civil asset forfeiture) even if that individual is never prosecuted; and 63 percent supported giving judges more freedom to assign forms of punishment (such as civil or community service) other than prison.  By a margin of 52-25 percent (with the remainder neither agreeing or disagreeing) Trump voters feel too many people are in prison for non-violent crimes.
The common element is fairness and conservative principles:  One should not be punished until convicted.  One shouldn’t be punished as a criminal for making a mistake.  Not all crimes are equal, nor should they be punished equally.  There should be fairness in both prosecution and defense.
All of which prompted Vikrant Reddy, a senior research fellow with the Charles Koch Institute to note “There appears to be an appetite among conservatives to get ‘right-on-rime.  Conservatives have been observing the criminal justice system, and they have opinions on how to make it better.  In short, they want reforms that prioritize public safety, respect individual rights, and advance human dignity.”
For sure, conservatives who are “Right On Crime” will likely never support the notion that there is “mass incarceration” or believe that crime is the fault of society.
But opportunities exist for common ground between left and right on key principles and key problems.  They await only an innovative legislator to step forward with key solutions.
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Understanding the Federal Budget

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The president released his budget submission to Congress and there will be plenty of heat surrounding it but not nearly enough light. There will be loud talking about budget cuts that hurt the poor, the sick, the elderly, children, and so on but what does that really mean? In reality, such claims will not mean nearly as much as the torrent of news stories scream. Let’s take a quick look.
The president has not submitted “the budget” to Congress. Under the Budget Act of 1974 the president is required to provide his ideas for where he would like the budget to go. It is the start of a conversation about spending priorities for the federal government for the year ahead. Congress produces the actual budget. The Budget Resolution adopted by Congress is not a law signed by the president but a resolution by Congress about how it will spend the people’s taxes in the coming fiscal year. It is a blueprint for the annual appropriations that Congress will pass later in the year to fund things like the military, transportation infrastructure, NASA, the judicial system, and a host of other things.
The Budget Resolution only covers about one-third of federal spending. The annual budget does not set funding levels for Social Security, Medicare, Medicaid, Obamacare, or the growing interest payments on our massive federal debt, which together make up a bit more than two-thirds of federal spending. These programs are not subject to the budget. They are referred to as “entitlements” because the law says if one meets certain criteria, he is entitled to the benefit regardless of the annual cost. Social Security, Medicare, Medicaid, Obamacare, and interest payments on the debt are the elements driving federal spending. In fact, interest payments on the debt are growing so quickly that within a few years the U.S. will spend more on interest payments to service our debt than we spend on national defense. If that doesn’t scare you, it should.
So what about those scary cuts to Medicaid and food stamps the media keep screaming about? They are not cuts in the sense that most people would understand a “cut”. The president’s budget proposal suggests that Congress pass legislation to slow the growth of spending on Medicaid and food stamps. In Washington the budget assumes that every program will grow by a certain amount every year. In other words, the budget rules presume that the budget will always grow and if it does not grow as much as assumed, that is a cut. In the real world, a budget cut means that less money is spent this year than last. In Washington, if we spent $100 last year, the budget rules assume the spending will grow to $106 next year. If we only spend $103, Washington calls that a cut. In the real world it is a spending increase.
The federal government will still spend more than $4 trillion, the largest amount ever. The so-called cuts which are only a slowing in growth is what all the wailing and gnashing of teeth is really about and this is only the first word in the budget conversation, not the last. Stay tuned because the actual budget is still far from set.
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Virginia Voters Back Pipeline by Nearly Two-to-One

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Registered voters in Virginia favor construction of the Atlantic Coast Pipeline (ACP) by an almost two-to-one margin over those who oppose it, according to a poll released by the Consumer Energy Alliance (CEA) today. Fifty-four percent support the controversial project strongly or somewhat, while 31% oppose it.
Eighty-three percent of voters say they consider “energy issues” to be very or somewhat important in the upcoming gubernatorial election. Forty-eight percent say that are more likely to support a candidate who “favors more infrastructure projects like the Atlantic Coast Pipeline” while 27% say they would more likely prefer a candidate opposed to the pipeline.
The poll of 500 Virginia voters was commissioned by the CEA, a non-profit, non-partisan trade association for the purpose of “providing reliable, affordable energy for consumers.” The organization strongly supports the pipeline. Dominion Energy, the managing partner of the ACP, is a member. (See the questions and results of the Virginia polling here.)
Clearly, the results are favorable to the ACP, which has encountered stiff resistance from environmentalists and landowners along the pipeline route. In rolling out the poll to the media, CEA made no secret of the fact that the timing is designed to stiffen the backs of gubernatorial candidates who favor the project. Tom Perriello has made opposition to the pipeline a major issue in a tightly contested race for the Democratic Party nomination against Lieutenant Governor Ralph Northam.
In past posts I have noted biases, both pro and con, in polls that framed questions to elicit answers from respondents that their sponsors were looking for. This poll shows no obvious sign of such of bias. Here are the two key questions:

I’d like to talk now about energy issues. Have you heard or read anything about a proposed natural gas pipeline from West Virginia to public utilities in Virginia and North Carolina, or is that not something you have heard or read about?

And:

As you may know, there is a proposal to build a 600-mile Atlantic Coast Pipeline to bring natural gas from West Virginia to public utilities in Virginia and North Carolina. Do you strongly support, somewhat support, somewhat oppose or strongly oppose building the Atlantic Coast Pipeline?

The polling sample seems reasonably representative of the Virginia population: 74% white, 16% black, 36% Democrat, 27% Republican, 23% conservative, 16% liberal. The margin of error due to sample size is +/-4.4%. The polls results do not provide a geographic breakdown.
While supporting the ACP, voters gave even stronger endorsement of “renewable energy projects, such as solar and wind power” — with 69% strongly in favor, and 20% somewhat in factor. Weaker majorities favored expanding offshore oil and gas drilling in U.S. waters, and generating electricity using coal-fired plants.
Dominion has been criticized for its influence in state politics during this campaign season. Another questions asked: “As you may know, Dominion is one of the companies that has proposed the Atlantic Coast Pipeline.” Seventy-eight percent said that Dominion’s involvement would have no influence on their support, either way. Ten percent responded they would be more likely to back the pipeline; 8% said they would be more likely to oppose it.
Remarkably, despite intensive media coverage of the pipeline controversy, 47% of respondents replied that they had not heard of the ACP.
(This article first ran in Bacon’s Rebellion on May 23, 2017)
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