Are we really facing a regulatory onslaught in Obama’s second term? (Hint: Yes.)

posted at 12:31 pm on November 25, 2012 by Erika Johnsen

Nothing that anyone who pays attention doesn’t know already, but a point to which I intend to give unrelenting attention as we move “forward” into the next four years of an Obama economy. It is an indescribable shame that what America needs more than anything else right now is a robust rate of positive economic growth, yet we seem to be doing everything within our power to suppress America’s natural entrepreneurial drive.

Economic growth is what creates productive private-sector jobs, effectively lifts people out of poverty, gets people off of the government dole, brings in more revenue, and brings about innovation and efficiency. For all I can tell, President Obama is singularly determined to do all of the things the federal government can reasonably do to curb economic growth — distorting free-market signals with government intervention, growing the bureaucracy, trying to raise taxes and further convolute the tax code, placing more restrictions upon free trade when it suits his agenda, and perhaps most dauntingly of all, continuing to introduce endless rolls of red tape that pose incalculable opportunity costs upon our economic movers and shakers (and, by extension, on everyone else — because that is what “top-down” really means).

The regulatory rollout on its way is legitimately frightening. I can’t imagine what it must be like to be a small-business owner hoping to grow my outfit — already an uphill climb — and then be looking up the mountain and face this tidal wave of hoopla head on. The WSJ explains how the Obama administration put the brakes on their rule-writing in preparation for the election, but no more:

The government defines “economically significant” rules as those that impose annual costs of $100 million or more, and the Bush, Clinton and Bush Administrations each ended up finalizing about 45 major rules per year. The average over Mr. Obama’s first two years was 63 but then plunged to 44 for 2011 and 2012 so far. The bureaucracies didn’t slow down. They merely postponed and built up a backlog that is about to hit the Federal Register.

We’d report the costs of the major-rule pipeline if we had current data. But the White House budget office document known as the unified agenda that reveals the regulations under development hasn’t been published since fall 2011. The delay violates multiple federal laws and executive orders that require an agenda every six months…

The still-unwritten industry overhaul that ObamaCare is attempting to orchestrate, the regulatory discretion of the Consumer Financial “Protection” Bureau created by Dodd-Frank, and the practically unhinged zealotry of the Environmental Protection Agency — these are the biggest three that are quickly going to start wreaking havoc on our economy through their direct actions as well as the uncertainty they’ll produce. The impact of the EPA’s subtly unsubtle war on traditional energies in particular is going to start eating into everybody’s incomes, and have a disproportionate effect on families with lower incomes who can least afford to start spending a larger chunk on utilities. Here’s just a snippet of incoming enviro regs on which the administration punted until after the election from a recent Senate report:

Hydraulic Fracturing: Today the Obama administration – through no less than fourteen federal agencies, including the EPA, the Department of Energy (DOE), the Bureau of Land Management (BLM), the Center for Disease Control (CDC), the Department of Agriculture (USDA), and the Securities and Exchange Commission (SEC) – is currently working to find ways to regulate hydraulic fracturing at the federal level, so that they can limit and eventually stop the practice altogether. In order to curtail hydraulic fracturing on public lands, BLM, under Secretary Salazar’s control, will be finalizing new regulations sometime after the election, which will have serious impacts on domestic energy production. According to one study, “The total aggregate cost for new permits and well workovers resulting from this rule would range from $1.499 billion to $1.615 billion annually. This is a conservative estimate of the delays and costs associated with the proposed rule which equates to about $253,800 per well, and $233,100 per re-fracture stimulation.” …

Tier III Gas Regulations: EPA is preparing to propose a rulemaking called Tier III, which reduces the content of sulfur in gasoline from 30 ppm to 10 ppm. The cost of this rule could be up to $10 billion initially and $2.4 billion annually, and it could add up to 9 cents per gallon in manufacturing costs; these costs would inevitably be passed on to consumers at the pump. As a recent Energywire article explained, many on the far left believe that political motives caused President Obama to delay this rule until after the election. …

Farm Dust Regulations: EPA has been regulating farm dust for decades and may tighten the standards as part its review of the National Ambient Air Quality Standards (NAAQS) for coarse particulate matter (PM10). Tightening the PM10 NAAQS would have widespread implications for rural America, as it could be below the amount of dust created during normal farming operations, and therefore be impossible to meet. If the standard is tightened, the only option for farmers to comply will be to curb everyday farm activities, which could mean cutting down on numbers of livestock or the tilling of fields, or they may have to shrink or even end their businesses altogether.

The United States has the potential to become perhaps the world’s largest energy producer in the coming decades, but I doubt that attainable economic boon will do much to put a damper on the EPA’s green-bellicism. We voted for four more years of Obamanomics, and by gum, we’re going to get it good and hard.


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If government is going to be arbiter of fair and lawful competition, long as RICO, monopoly, and other LARGE laws aren’t being violated, then government is WAY too large.

Liam on May 21, 2013 at 8:44 PM

The real question, of course, is why DC — and other cities like it — even have so much innovation- and freedom-crushing red tape

How else are the bureaucrats going to keep the bribe money coming?

malclave on May 21, 2013 at 8:48 PM

How else are the bureaucrats going to keep the bribe money coming?

malclave on May 21, 2013 at 8:48 PM

That pretty much covers the topic.

Liam on May 21, 2013 at 8:53 PM

How do you pronounce this: womp

Whoomp (as in Whoomp, there it is)? Wahmp (rhymes with pomp)? something else?

cptacek on May 21, 2013 at 8:59 PM

Uber is a FANTASTIC company… naturally, it and the innovation it represents would be antithetical to the current oppressive environment this crony-based government has spawned…

dpduq on May 21, 2013 at 9:03 PM

simply provide customers with the option of hailing a taxi with a smartphone app is being put through the ringer in the nation’s capitol, too.

I hate to throw the grammar Nazi flag, but the word I bolded above should be wringer.

Gator Country on May 21, 2013 at 9:13 PM

How do you pronounce this: womp

Whoomp (as in Whoomp, there it is)? Wahmp (rhymes with pomp)? something else?

cptacek on May 21, 2013 at 8:59 PM

Woah! Erika’s quite the womp rat!

KS Rex on May 21, 2013 at 9:44 PM

Wringer is a ringer for “ringer”

Now if you’ll excuse, I have clothes to dry.

wolly4321 on May 21, 2013 at 9:45 PM

The real question, of course, is why DC — and other cities like it — even have so much innovation- and freedom-crushing red tape

And then those cities wonder out loud why they continually suffer ‘brain drains’ when the best and brightest flee for greener pastures.

It’s not rocket surgery.

Myron Falwell on May 21, 2013 at 9:56 PM

The real question, of course, is why DC — and other cities like it — even have so much innovation- and freedom-crushing red tape that diverts so much of what could otherwise be everybody’s profitable time and resources into fighting for permission to operate and completely legitimate and highly efficient business that creates real jobs and improves people’s lives. You’d think that small businesses daring to threaten the established order were doing something illicit, what with all the hoops they have to jump through these days — and that is no way to grow any kind of economy, be it on a micro- or macro-level.

Just like the medieval guilds, the purpose is to protect the existing businesses from aggressive competition.

And yes, this undermines the whole free enterprise system. Fortunately, the startups just view it as one more obstacle to get past, and manage anyway. But it’s still a waste of time and money.

There Goes the Neighborhood on May 22, 2013 at 10:26 AM

Had the opportunity to use Uber’s sedan service in L.A. a few weeks ago.

As soon as the service was ordered I knew that my car was 4 minutes away. I watched on the screen as it got closer and closer. When it hit 1 minute, I saw a black sedan on the opposite side of the street signaling to make a u-turn.

Contrast this with a year earlier when I called for a taxi in order to make the exact same trip. I was told that they were busy but they’d have someone there in 10 minutes. 15 minutes later I called and was told that someone would be there in 10 minutes. Another 15 minutes later I called and was told dispatch had sent someone and if they weren’t there in 5 minutes I should give them another call. 10 minutes after that I flagged down a passing cab and they got my business instead.

The Uber sedan service was $90 with tip. The taxi was $110 with tip.

If Uber wants to extend their business into the taxi realm (and they plan to keep the same level of service), it’s nothing but a boon to the residents of the cities they are operating in.

JadeNYU on May 22, 2013 at 11:02 AM

But Uber argues that the the taxi regulations issued last week, which go into effect June 1, would require it to link its payment system to the payment providers integrated into the new meters that taxis will begin installing this summer.

Wonder how much the preferred payment providers are paying DC?

unclesmrgol on May 22, 2013 at 11:43 AM