Coyote Blog

From today's WSJ:

A House subcommittee will hold an "oversight" hearing today on the new Consumer Financial Protection Bureau, the über-regulator that will soon have jurisdiction over most of the country's credit-making institutions. We put "oversight" in quotes because Congress has little say over either the new bureau or its unofficial czar, Elizabeth Warren.

This unprecedented lack of accountability is by Ms. Warren's design. The bureau was the Harvard professor's idea, and she lobbied the Obama Administration and Congress to make it part of the 2010 Dodd-Frank financial reform. That law calls it an "independent bureau," akin to an independent agency like the Securities and Exchange Commission. But that's deceptive. Unlike other agencies, it isn't subject to annual Congressional appropriations.

Incredibly, the law says the bureau's director gets to set her own annual budget by requesting a share of the "combined earnings of the Federal Reserve System." The total she can request is capped this year at 10% of the Fed's total operating expenses (which in 2009 were $5.4 billion). That cap rises to 11% next year and 12% in 2013, and the Fed Chairman has no authority to deny her request. The director can also request an additional $200 million more per year for the next five years from Congress.

This arrangement may be unconstitutional under the separation of powers, and we hope it is soon tested in court. It was a deliberate political gambit to make the bureau less accountable to either Congress or the rest of the executive branch. In July, when its powers fully vest, the bureau will have supervisory authority over banks with more than $10 billion of assets and independent rule-making authority.

Both are cause for worry, given that the bureau will not have to incorporate the views of other banking regulators into its rules when it comes, for instance, to issues of safety and soundness. While the IRS Commissioner and Comptroller of the Currency report to the Treasury Secretary, Ms. Warren and her successors can tell him to crush rocks.

The affront is compounded by President Obama's decision to evade the spirit of the law by letting Ms. Warren set up the bureau without Senate confirmation. Republicans objected to her potential appointment, and even Democrat Chris Dodd said she would be hard to confirm. So Mr. Obama created a special position for her at both the White House and Treasury, letting her essentially create the bureau and hire its staff without facing the Senate. She has proceeded to sign up a raft of liberal antibank populists, such as former Ohio Attorney General Richard Cordray, former AFL-CIO deputy counsel David Silbermann and University of Connecticut law professor Patricia McCoy

Imposing accountability on public officials is hard enough without laws being structured to purposely evade it.

Several companies have been discovered to have benefited from what is in effect slave labor in certain countries.  I have never had a problem with folks in poor countries freely opting to take jobs at factories for less money than our privileged middle class attitudes think to be "fair."  But there have been examples of governments using their coercive power in a cozy relationship with certain companies, forcing people to provide their labor to companies for wages below what they would freely accept.   It is an obscene form of modern slavery.

Today's example, though, does not come from Myanmar or China, but from San Francisco, California, USA, where the government is forcing its citizens to work for free to benefit itself and a few favored corporations to produce products for export.

The resale of recycled materials is apparently big business for a few government contractors:

"When we look at garbage, we don't see garbage, O.K.?" said Robert
Reed, a spokesman for Norcal Waste Systems, the parent company of
Sunset Scavenger and Golden Gate Disposal and Recycling Company, the
main garbage collectors in the city. "We see food, we see paper, we see
metal, we see glass."...

Jared Blumenfeld, the director of the city's environmental programs,
addressed one of the main reasons the city keeps up the pressure to
recycle. "The No. 1 export for the West Coast of the United States is
scrap paper," Mr. Blumenfeld said, explaining that the paper is sent to
China and returns as packaging that holds the sneakers, electronics and
toys sold in big-box stores.

This "No. 1 export product" is wholly a product of major government subsidies.  Reading the article, you get a sense for the enormous amount of extra capital and operating expenses the city pours into the recycling program.  Here is just one example:

San Francisco can charge more for its scrap paper, he said, because of
its low levels of glass contamination. That is because about 15 percent
of the city's 1,200 garbage trucks have two compartments, one for
recyclables. That side has a compactor that can compress mixed loads of
paper, cans and bottles without breaking the bottles. (These specially
designed trucks, which run on biodiesel, cost about $300,000 apiece, at
least $25,000 more than a standard truck, said Benny Anselmo, who
manages the fleet for Norcal.)

Anyone really think they are making enough extra money on scrap paper to cover this (at least) $4.5 million incremental investment  ($25k x 15% x 1200)?   Suspiciously absent from the article is any mention of costs or budgets.  City recycling guys have given up trying to defend recycling on the basis of it being cheaper than just burying the material.  The city is subsidizing this material a lot.

But it's not enough.  Even with these enormous subsidies, the city is not producing as much recycled materials to meet its goals.  So it is going to make its citizenry provide it more labor.  For free.

...the city wants more.

So Mr. Newsom will soon be sending the
city's Board of Supervisors a proposal that would make the recycling of
cans, bottles, paper, yard waste and food scraps mandatory instead of
voluntary, on the pain of having garbage pickups suspended.

The city is going to coerce every single resident to labor for them each week, just so San Francisco and Norcal Waste Systems can have more scrap paper for export.  This is a labor tax of immense proportions.  I know, whenever I make this point about recycling, everyone wants to poo-poo it.  "Oh, its not much time, really."  Really?  Lets use the following numbers:  Five minutes per day of labor.  One million residents.  $20 per hour labor value (low in San Francisco).  That is $608 million if forced labor.  I'm not sure even Nike has been accused of using this much forced labor.

Anticipated Rejoinder: Yeah, I know, the response will be "It's not for the exports, it's to save the environment."  OK, here is my counter:

1. Nowhere in the article does it really say how this program, or going from 70 to 75% recycling, is specifically going to help the environment.  I took the article at its face value, where it justifies the program on the basis of exports and hitting an arbitrary numerical target and beating out San Jose.  I am tired of unthinking acceptance of recycling as a net benefit.  Every study has shown that aluminum recycling creates a net energy benefit, but every other material represents a net loss.  It makes us feel good, though, I guess.
2. Should proponents support the direct subsidy by government and the labor tax, there is still some burden to show that this is the best possible environmental use of 30 million San Francisco man-hours of coerced labor in the course of a year.
3. For those really worked up about CO2, explain to me why we shouldn't bury every scrap of waste paper as a carbon sink.
4. The last time I visited, San Francisco was one of the grubbier US cities I have seen of late, with trash everywhere on the streets and sidewalks.  It may just have been a bad data point, but are residents really happy the city trash department focusing on scrap paper pricing yield rather than picking up the trash?
5. I class battery and motor oil recycling programs differently.  These substances have unique disposal needs and high costs of incorrect disposal.

Maryland doctors are finally starting to shrug under the weight of the current tort system.  Apparently about 50 doctors have canceled elective procedures for a number of days to protest skyrocketing malpractice premiums.  (hat tip: Club for Growth)

What struck me is not necessarily the doctors' actions, which are representative of the state of mind of doctors across the country, but the whiny reaction:

"Actually what they`re doing is going against their doctor`s oath. The patient is more important than malpractice insurance and they have to realize that," said Washington County Hospital patient Brian Levasser.

Remember, these doctors have stopped doing elective surgeries.  So Mr. Levasser's penis enlargement or whatever will have to wait a few days.  He sounds just like Kip Chalmers on the train in Atlas Shrugged.

OK, here is something Mr. Levasser can try:  Go to work each day, work long hours, and do your absolute best in a critical profession.  Then, each day, just before you go home, roll three dice.  If the result is anything but 1-1-1, go home, have  a beer, and relax with your family.  However, on that unlucky day when you roll three ones, you lose everything - your job, your house, your savings, your reputation and your ability to work again in your chosen profession.  Note that you lose everything not because you did a bad job, but because something unlucky but inevitable happened (e.g. child born with a birth defect) and you were the one standing closest.  On the day after you rolled that 1-1-1 and lost everything, tell me malpractice insurance isn't important. 

Doctors used to be the people we looked up to and admired, the pillars of society; now, we treat them like galley slaves.  We keep you alive to serve this patient. So operate well and live.

(By the way, I am sympathetic to the first comment on the Club for Growth post.  Those of us in general business can sometimes get frustrated that doctors seem to be able to get attention on their frivolous suits where the rest of us cannot.  But I refuse the begrudge them that, and wish them well)