352x 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
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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
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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
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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
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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
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