Home
/
RELIGION & LIBERTY ONLINE
/
Who Protects Us From Government Polluters?
Who Protects Us From Government Polluters?
Feb 2, 2026 2:14 AM

“The rules don’t apply to me,” is a favorite maxim of toddlers, narcissists, and government officials. This is especially true of the legislative branch, which frequently exempts itself—and its 30,000 employees—from federal laws that apply to the rest of us.

But just as often government at all levels simply ignores laws it finds too burdensome ply with. A recent study published last month in the American Journal of Political Science titled “When Governments Regulate Governments” found that pared with private firms, governments violate [the U.S. Clean Air Act and Safe Drinking Water Act] significantly more frequently and are less likely to be penalized for violations.”

Researchers David Konisky and Manny Teodoro viewed records of more than 3,000 power plants, 1,000 hospitals and 4,200 water utilities. Some of their findings include:

Public power plants and hospitals were on average 9 percent morelikelyto be out pliance with Clean Air Act regulations and 20 percent morelikelyto mitted high-priority violations;Public water utilities had on average 14 percent more Safe Drinking Water Act health violations and were 29 percent mit monitoring violations;Public power plants and hospitals that violated the Clean Air Act were 1 percentlesslikelythan private-sector violators to receive a punitive sanction and 20 percentlesslikelyto be fined;Public water utilities that violated Safe Drinking Water Act standards were 3 percentlesslikelythan investor-owned utilities to receive formal enforcement actions.

Why do government entities pollute our water and air more often than private entities? Because, as they researchers point out, government has both the incentive to ignore regulations and the ability to get away with it:

We argue that government agencies have greater incentives than profit-maximizing firms to shirk regulation and/or seek regulatory relief through political channels. The result is a political theory of regulation, in which the ultimate effect of regulatory policy turns not on the regulator’s carrots and sticks, but rather on the regulated agency’s political costs pliance with or appeal against the regulator, and the regulator’s political costs of penalizing another government. One implication of this theory is that public agencies are less likely than similarly situated private firms ply with regulations. Another implication is that regulators are likely to enforce regulations less vigorously against public agencies than against private firms because such enforcement is both less effective and more costly to the regulator.

Despite clearly documenting these failures of government, the solution the researchers propose is more government—more power to help the government force their regulations and more money to help them pay for it.

But this has already been tried and found to be ineffective. A better approach would be to simply level the playing field between public and private entities. If panies in a particular industry do ply with regulations or pay fines then private should also be given this same tacit exemption. For example, if a state-run government hospital refuses to paytheir fines then no other private hospital in the state should be required to pay similar fines.If we take the rule of law seriously then we should apply it equally to all.

That would also level the playing field and make privatization both more attractive and more functional. The result would even be a cleaner environment. After all, if we have regulations to protect us from polluters, then we should allow those entities less likely to pollute (i.e., private firms) to provide more of our goods and services.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Development malpractice: When failure in ‘doing good’ is worse than ‘doing nothing’
What happens when governments, NGOs, charities, and churches all converge in scurried attempts to alleviate global poverty, whether through wealth transfers or other top-down, systematic solutions? As films like PovertyCure and Poverty, Inc. aptly demonstrate, the results have been dismal, ranging from minimal, short-term successes to widespread, counterproductive disruption. Surely we can do better, avoiding grand, outside solutions, and ing alongside the poor as partners. Yet even amid the menu of smaller and more direct or localized “bottom-up” solutions, there...
What is comparative advantage?
Note: This is post #32 in a weekly video series on basic microeconomics. What parative advantage? And why is it important to trade? In this video by Marginal Revolution University, economist Don Boudreaux guides us through a specific example surrounding Tasmania — an island off the coast of Australia that experienced the miracle of growth in reverse. Through this example we show what can happen when a civilization is deprived of trade, and show why trade is essential to economic...
France settles for Macron and malaise
What should American citizens think of Emmanuel Macron and the impact he will have as the next president of France? His outsider status, entrenched opposition, andimprecise political platform may createthe perfect storm for France to continue marching in place, according to anew essay in Religion & Liberty Transatlantic. “The French don’t like change; they like what’s new,” writes Christophe Foltzenlogel, a jurist for the European Centre for Law and Justice (the counterpart to the ACLJ, founded by Jay Sekulow). How...
Samuel Gregg on how to really make America great again
With economic growth gradually declining since the 1980s and in the first quarter of 2017 possessing a growth-rate of only 0.7 percent, the United States is not headed in a direction of growth and prosperity. In a new article for The Stream, Acton’s Director of Research, Samuel Gregg, highlights this current trend, pointing to an aging population and over-regulation as likely culprits. He also affirms the necessity of innovation and the alleviation of burdensome regulations. Gregg begins by articulating the...
Federalist Society’s Leonard Leo speaks at Acton May 11 on the ‘Trump judges’ and Supreme Court
pictured: Leonard Leo With Neil Gorsuch elected to the Supreme Court in mid April, and a slate of other candidates on Trump’s radar for the lower courts, there is a mitment by the Trump administration to the election of conservative appointees to the federal judiciary. Could this be a judicial renaissance of sorts? Will there be a resurgence of true conservatism and originalism in the courts? To find e join us on Thursday May 11 at Acton’s headquarters in Grand...
Understanding the President’s Cabinet: Attorney General
Note: This is post #16 in a weekly series of explanatory posts on the officials and agencies included in the President’s Cabinet. See the series introductionhere. Cabinet position:Attorney General Department:Department of Justice Current Secretary:Jeff Sessions Succession:The Attorney General is seventh in the presidential line of succession. Department Mission:“The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal...
The disordered soul of Frank Underwood
“Frank Underwood, masterfully played by the award-winning Kevin Spacey, embodies the corruption that so often attends to the pursuit of political power,” says Jordan Ballor in this week’s Acton Commentary, “and as the new season nears it’s worth looking back at where it all began for Francis and Claire Underwood.” In their review of the show’s first season, David Corbin and Alissa Wilkinson rightly observe that the example of Frank Underwood provides an important negative lesson about the need for...
State Department releases 2017 report on international religious freedom
The State Department recently released its International Religious Freedom Report for 2017.A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” A major concern addressed in this year’s report is that “international religious freedom is worsening in...
How God makes a loaf of bread
Economist Russ Roberts has produced a charming new video, “It’s a Wonderful Loaf”,that reveals the “hidden harmony that is all around us.” In the animated poem, Roberts looks at the “seemingly magical ways” that we anticipate and meet the needs of each other without anyone being in charge. While the poem is helpful in seeing the hidden order in markets, it’s missing a key explanation. Roberts claims this order is not designed but just “emerges” by the actions of humans:...
To fight poverty, Oxfam must measure what matters
If people of faith want to reduce global poverty, they must begin by accurately measuring the problem. But a well-publicized report on international poverty distorts the problem and promotes solutions that would leave the world’s poorest people worse off, according to two free market experts. Every year, Oxfam releases a report on global wealth inequality to further the agenda of the World Economic Forum. This year’s entry, titled “An economy for the 99 percent,” was released with the headline: “Just...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved