If there is one area where regulation abounds, it is in the protection of the environment. Whether this is because the powers that be don’t believe that individuals will not or cannot act in an environmentally good manner I don’t know, but regulation and schemes to protect the environment abound.
Some of these regulations simply cost money without any actual benefit, but many cause worse environmental impact that if they had not existed, the most obvious example being the Common Fisheries Policy which is responsible for decimating fish stocks in the North Sea, the CAP as well is touted as promoting the environment but leads to more intensive and environmentally damaging farming techniques. Other regulations could have unexpected consequences - recycling targets mean councils may collect recyclable waste separately but then just dispose of it as normal. If you look you can find many examples.
Its in this light that I stumbled across what was described as ‘Free Market Environmentalism’ but I think is more laissez-faire than free market. It was described as having existed in the US before the US government decided to try and enhance industrialisation to catch up with Britain by protecting industry and giving it extra rights.
The system worked like so: If your property (or person) suffers harmful effects from property then you could go to court and get compensation and an injunction against the perpetrator. So, if your washing was made dirty by a local factory, you could get them to clean up their emissions. Or if your haystack caught fire from a spark emanating from a passing train you could get compensation.
This has two effects - firstly it encourages polluters to ensure they pollute less and develop new technology to solve the pollution problem, secondly it creates an industry of environmental forensics which works to determine the actual cause of problems claimed to be caused by pollution (to correctly attribute blame and discover fraud) and identifies more types of pollution.
This system fell apart when government decided that business was too important for the country to have to deal with this sort of thing so brought in regulations to protect business. That is when environmental regulation came in. The smokestack height laws which sought to assuage people living closer to businesses by ensuring chimneys were of a certain height, but that simply spread the problems out, rather than preventing them.
This is very attractive, but it rests on two things and has one major problem.
The two prerequisites are:
- Strong private property rights - if you don’t own something then why bother trying to preserve it
- Easy access to the judicial system for all
The first is easy in a liberal society, in fact a liberal society is based upon property rights. The second is more problematic, and with our current arrangements is not true - and I have no idea how to make it true, although, groups like Greenpeace and Friends of the Earth could fund access to the legal system for this purpose (although they’re too political to do this in a fair and equitable manner at the moment).
The major problem is that some pollution is not directly attributable to one entity or the damage is subtle or effects everyone. Car exhaust is an obvious case, or pollution from coal fires is another. Of course the biggest example today is greenhouse gas emissions. For the most part no single person suffers large amounts of damage, but in the long run it seems that everyone suffers.
This is where some sort of intervention is needed. I naturally support pigouvian taxation over ham-fisted regulation as it enables people to make value judgments about their actions and avoids the command-control structures so beloved of regulators as well as ill thought out regulation.