Author Archives: KathleenEdmundl

California is taking the great plastic straw battle to a new level.

On Monday, newly minted Governor Phil Murphy signed an executive order to rejoin the Regional Greenhouse Gas Initiative (RGGI), a multi-state carbon trading program that aims to reduce greenhouse gases from the power sector.

New Jersey’s former governor (and bona fide bully) Chris Christie had pulled the state out in 2011, saying the initiative increased the tax burden for utilities and failed to adequately reduce greenhouse gases. Murphy said that Christie’s decision to withdraw had cost the state $279 million in revenue.

The state Department of Environmental Protection and the Board of Public Utilities will begin drawing up a game plan to re-enter the pact.

Nine eastern states already participate in RGGI: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island and Vermont. Now, New Jersey is joining the fray, and Virginia may soon follow.

“With this executive order, New Jersey takes the first step toward restoring our place as a leader in the green economy,” Murphy said. Jersey shore knows what it’s doing!

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California is taking the great plastic straw battle to a new level.

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A GOP Senate’s First Target: Elizabeth Warren’s Consumer Protection Agency

Mother Jones

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If the GOP wins the Senate, they’ll no doubt use the opportunity to push through a range of measures that are kryptonite to Democratic voters—new abortion restrictions, limits on the ability of the Environmental Protection Agency to combat climate change, a relaxation of the rules reining in Wall Street’s worst excesses.

But Republicans are particularly keen on handicapping one particular federal watchdog: the Consumer Financial Protection Bureau (CFPB), the three-year-old agency that Sen. Elizabeth Warren (D-Mass.) devised and helped build in the wake of the financial crisis.

The bureau’s job is to make sure Americans aren’t getting screwed by mortgage lenders, credit card companies, debt collectors, and other financial institutions. It’s the first federal agency designed specifically to protect everyday consumers from financial wrongdoing, and Republicans have done everything in their power to hobble the agency—including fighting the confirmation of its director, Richard Cordray. Winning the Senate in November could be their best chance to roll back Warren’s greatest accomplishment.

Half of their work is already done. The House has passed a bill that would limit the bureau’s power by replacing its director with a five-member panel, and subjecting its budget to the congressional appropriations process—meaning that hostile lawmakers could starve it to death. (Unlike most federal agencies, the bureau is bankrolled by the Federal Reserve, an effort to free it from the whims of partisan politics.) House Republicans have also introduced legislation to let other financial regulators overturn CFPB rules, to eliminate a fund the bureau uses to compensate consumers who’ve been defrauded by an institution that’s gone belly-up, and to restrict the kind of data the bureau may collect from consumers. (Republicans have charged that the CFPB’s collection of credit data is a violation of privacy, even though the bureau does not collect any personal details the consumer doesn’t volunteer.)

The Democratic-controlled Senate has refused to consider these types of bills from the House, but the floodgates would open with a GOP takeover. “You just have to watch the House to see what is going to come out of the Senate,” says a Senate Democratic staffer who works on banking issues.

Sen. Richard Shelby (R-Ala.), who is expected to chair the banking committee if his party takes the Senate, has led the charge to water down the CFPB’s powers. Financial-reform advocates say he would likely speed the House bills through committee.

President Obama, of course, has his veto power—Senate Dems could block legislation so long as Republicans lack a filibuster-proof majority. But Obama and his party might cave, Hill staffers say, if anti-CFPB legislation were attached to a bill they really had to pass, such as an appropriations bill or a debt ceiling measure.

A Republican-controlled Senate would also likely try to eviscerate portions of the 2010 Dodd-Frank financial reform act. In 2011, Shelby introduced a bill to beef up the requirements that force banking regulators to conduct cost-benefit analyses prior to issuing any new rule—a significant hurdle. Last year, the House passed a handful of bills to deregulate derivatives, often-opaque banking products that have been demonized as “financial weapons of mass destruction.” In June, House Republicans passed a bill chipping away at consumer mortgage protections.

The financial industry and Republicans are likely to sell these Dodd-Frank rollbacks as “small technical” fixes, a former Treasury Department official told me, and “the White House is more likely to cave” and sign them into law if “they don’t have help from a Democratic Senate in blocking and tackling.”

A GOP Senate would scale back financial regulations “in so many ways,” the Democratic Senate staffer says, “I don’t know where to start.”

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A GOP Senate’s First Target: Elizabeth Warren’s Consumer Protection Agency

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Forget TV, It’s Internet Access at Stake in the Comcast Deal

Mother Jones

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Paul Krugman says we made a mistake when we stopped worrying about monopolies:

At first, arguments against policing monopoly power pointed to the alleged benefits of mergers in terms of economic efficiency. Later, it became common to assert that the world had changed in ways that made all those old-fashioned concerns about monopoly irrelevant. Aren’t we living in an era of global competition? Doesn’t the creative destruction of new technology constantly tear down old industry giants and create new ones?

The truth, however, is that many goods and especially services aren’t subject to international competition: New Jersey families can’t subscribe to Korean broadband. Meanwhile, creative destruction has been oversold: Microsoft may be an empire in decline, but it’s still enormously profitable thanks to the monopoly position it established decades ago.

….And the same phenomenon may be playing an important role in holding back the economy as a whole. One puzzle about recent U.S. experience has been the disconnect between profits and investment. Profits are at a record high as a share of G.D.P., yet corporations aren’t reinvesting their returns in their businesses. Instead, they’re buying back shares, or accumulating huge piles of cash. This is exactly what you’d expect to see if a lot of those record profits represent monopoly rents.

It’s time, in other words, to go back to worrying about monopoly power, which we should have been doing all along. And the first step on the road back from our grand detour on this issue is obvious: Say no to Comcast.

I can’t find anything to disagree with here. Our current situation is mostly a result of the Borkian revolution in antitrust law, which began in the 1970s and has since upended the way courts think about monopolies. Instead of caring about competition per se—or its lack—Bork invented a beguiling tautology in which any company with lots of customers is ipso facto creating a lot of consumer welfare and must therefore be OK. And since successful monopolies always have lots of customer, consumers must be benefiting.

This has been a huge mistake. Competition is what drives creative destruction, and it’s valuable for its own sake. We’ve lost sight of that, and it’s time to reverse course.

In the case of Comcast, of course, it’s possible to argue that cable TV is already a monopoly in every geographical area, so it doesn’t really matter who the monopolist is. That’s not entirely true, but it’s true enough to give one pause. More clearly dangerous, though, would be Comcast’s newfound monopoly over broadband internet in half the country. There are, theoretically, multiple ways to get broadband internet in your home, but in practice you’re limited to cable in about 90 percent of the country. That monopoly has given us some of the world’s worst broadband, both painfully slow and painfully expensive.

What’s more, as Michael Hiltzik points out, broadband is a direct competitor to cable in the streaming video market, and having a single company with a monopoly position in both is just begging for trouble. Comcast will almost certainly be willing to make promises of net neutrality in order to win approval for its merger with Time-Warner, but those promises will be short-lived. The truth is that if this deal were allowed to go through under any circumstances, it would probably deal a serious blow to our ability to use the internet the way we want, not the way Comcast wants us to.1 But if it goes through under our actual existing current circumstances, in which enforcement of net neutrality has already been reduced to a husk of its former self, then we can just kiss streaming video goodbye.

Our real public priority ought to be figuring out a way to insist on broadband competition. There are various ways of doing this, some more free-marketish than others. But that should be the minimum price for approving this merger. A bigger cable TV provider might or might not be dangerous. A bigger monopoly in broadband internet will undeniably be. Competition is the answer to this, the more the better.

1Just to be clear for those new to this, Comcast wants us to use the internet only in ways that don’t interfere with the money they make from bringing TV and other video streams into our homes. In other words, their self-interest is directly opposed to net neutrality: they will push at every turn to block, slow down, or otherwise interfere with access to high quality streaming video over the internet. They want you to get that stuff from Comcast via cable TV, not via Netflix or Hulu or BitTorrent or any other provider via high-speed broadband.

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Forget TV, It’s Internet Access at Stake in the Comcast Deal

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