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<p>[quote user="oltmannd"]</p> <p><span style="font-family:verdana,geneva;font-size:small;">From a recent G. Will column:</span></p> <p><span style="color:#0000ff;font-family:verdana,geneva;font-size:small;">Before returning to Harvard Law School, Cass Sunstein was Barack Obama’s administrator of the Office of Information and Regulatory Affairs, measuring the benefits of regulations against their costs. Testifying to a House subcommittee on Jan. 26, 2011, Sunstein was asked if he could identify an administration regulation whose ―benefits have not justified the cost. </span></p> <p><span style="color:#0000ff;font-family:verdana,geneva;font-size:small;">He replied:</span></p> <p><br /><span style="color:#3366ff;font-family:verdana,geneva;font-size:medium;">"There is only one big one that comes to mind. It is called Positive Train Control, and it is a statutory requirement, and the Department of Transportation had to issue it as a matter of law even though the monetizable benefits are lower than the monetizable costs. There aren’t a lot like that."</span><br /><span style="font-family:verdana,geneva;font-size:small;">[/quote]</span></p> <p><span style="font-family:verdana,geneva;font-size:small;">I had to read the quote by Cass Sunstein a few times to understand exactly where he was coming from. On the face of it, it almost seems like he is admitting to a mistake in that the PTC benefit does not justify the cost. That appears to be reinforced by his seemingly apologetic qualifier, “There aren’t a lot like that” (meaning regulations that do not have a supportive cost/benefit ratio).</span></p> <p><span style="font-family:verdana,geneva;font-size:small;">That interpretation makes sense in light of the fact that Sunstein was the administrator of Office of Information and Regulatory Affairs, a federal office that measured the cost/benefit of regulations. That mission implies that a supportive cost/benefit analysis matters and is required. </span></p> <p><span style="font-family:verdana,geneva;font-size:small;">So, it seems strange that Sunstein so casually dismisses the fact that the cost of PTC exceeds its benefit. What is strange is that if he is not admitting a mistake, then the mission of achieving a supportive cost/benefit ratio is not actually an objective of the office that Sunstein administered. </span></p> <p><span style="font-family:verdana,geneva;font-size:small;">Then Sunstein goes on to say that the Department of Transportation <span style="text-decoration:underline;">had</span> to issue the PTC mandate as a matter of law. What he does not explain is the obvious question of why the DOT <span style="text-decoration:underline;">had</span> to issue the mandate. </span></p> <p><span style="font-family:verdana,geneva;font-size:small;">So we are left with the conclusion that anything can be mandated if it saves lives, and the formula for application is entirely whimsical. How many lives could be saved on U.S. highways if the speed limit were mandated at 30 mph?</span></p> <p><span style="font-family:verdana,geneva;font-size:small;">Here is the full article that contains the quote:</span></p> <p><span style="font-family:verdana,geneva;font-size:small;"><a href="http://www.heraldtribune.com/article/20130602/COLUMNIST/306029997/2398/OPINION?p=2&tc=pg">http://www.heraldtribune.com/article/20130602/COLUMNIST/306029997/2398/OPINION?p=2&tc=pg</a></span></p>
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