When the United States Environmental Protection Agency wrecked the ecosystem in Colorado, CEOs across the America likely had a private sentiment - if a corporation not being paid by the EPA had done it, they'd be in jail.
Sure enough, when the EPA caused toxic sludge to spill into a river, their bureaucrats assured us nature would fix itself.
It's not a surprise, according to a new paper. Government entities are less likely to comply with federal environmental regulations and government regulatory authorities are less likely to enforce the rules when government is at fault. Government facilities are less likely to face fines or other sanctions for violations than are those owned and run by private firms.
"We find pretty good evidence for power plants, hospitals and water utilities that government-owned facilities are more likely to violate standards than are their private-sector counterparts," said David Konisky of the School of Public and Environmental Affairs at Indiana University Bloomington, a co-author of the study. "And when they do violate, the government is less likely to come down hard on them."
For the study, Konisky and co-author Manny Teodoro, associate professor of political science at Texas A&M University, examined records from 2000 to 2011 for power plants and hospitals regulated under the Clean Air Act and from 2010 to 2013 for water utilities regulated under the Safe Drinking Water Act. The study included over 3,000 power plants, over 1,000 hospitals and over 4,200 water utilities -- some privately owned and others owned by public agencies.
- For power plants and hospitals, public facilities were on average 9 percent more likely to be out of compliance with Clean Air Act regulations and 20 percent more likely to have committed high-priority violations.
- For water utilities, public facilities had on average 14 percent more Safe Drinking Water Act health violations and were 29 percent more likely to commit monitoring violations.
- Public power plants and hospitals that violated the Clean Air Act were 1 percent less likely than private-sector violators to receive a punitive sanction and 20 percent less likely to be fined.
- Public water utilities that violated Safe Drinking Water Act standards were 3 percent less likely than investor-owned utilities to receive formal enforcement actions.
Konisky said the findings are significant but not surprising. Government entities have higher costs of complying with regulations because they often must go through political processes to raise the money needed to improve their facilities. And they may face pushback from customers or taxpayers who object to higher rates and have the political power to block them.
Public entities also face lower costs for violating the regulations, the authors argue. There is evidence from other studies that they are able to delay or avoid paying fines when penalties are assessed.
And officials with regulatory agencies may be sympathetic to violations by public entities, because they understand the difficulty of securing resources in the public sector.
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