Government – Page 47 – artdiamondblog.com

Wind Power Fined $1 Million for Killing Birds

“A golden eagle flies over a wind turbine on Duke Energy’s wind farm in Converse County, Wyo.” Source of caption and photo: online version of the WSJ article quoted and cited below.

(p. A17) The Justice Department announced late . . . [in the week of Nov. 17-23] that a subsidiary of Duke Energy has agreed to pay $1 million for killing golden eagles and other federally protected birds at two of the company’s wind projects in Wyoming. The guilty plea was a long-overdue victory for the rule of law and a sign that green energy might be going out of vogue.

As Justice noted in its news release, this is the first time a case has been brought against a wind company for violating the Migratory Bird Treaty Act. The 1918 law makes it a federal crime to kill any bird of more than 1,000 different species. Over the past few decades, federal authorities have brought hundreds of cases against oil and gas companies for killing birds, while the wind industry has enjoyed a de facto exemption. By bringing criminal charges against Duke for killing 14 golden eagles and 149 other protected birds, Justice has ended the legal double standard on enforcement.

For the full commentary, see:
ROBERT BRYCE. “Wind Power Is Brought to Justice; Duke Energy’s guilty plea for killing protected birds is an ominous sign for renewable energy.” The Wall Street Journal (Fri., Nov. 29, 2013): A17.
(Note: ellipsis, and bracketed words, added.)
(Note: the online version of the commentary has the date Nov. 28, 2013.)

Carnegie’s Uncle Aitkin Expected to Make a Good Profit Starting a Private Lending Library

Shortly after arriving in Allegheny City (near Pittsburgh) Andrew Carnegie’s Uncle Aitkin had complained in a letter:

(p. 42) “There is no possibility of getting papers or periodicals to read here for a small sum–most of the people being in the habit of purchasing them for their own use. This has been to me a great deprivation. I really find that books here are as dear as in the old country everything considered.”

Uncle Aitkin hoped to remedy this flaw in American cultural life–and make a profit at it–by starting up his own lending library. “I am now convinced that for any one to keep a library and to give works out at a cheaper rate would pay very well & I think I will be engaged in this business in a short time,–after I make a little money by lecturing etc.” Regrettably–for Uncle Aitkin and for Allegheny City’s starved readers–he never got around to setting up his business.

Source:
Nasaw, David. Andrew Carnegie. New York: Penguin Press, 2006.
(Note: the pagination of the hardback and paperback editions of Nasaw’s book are the same.)

Over-Regulated Tech Entrepreneurs Seek Their Own Country

The embed above is provided by YouTube where the video clip is posted under the title “Balaji Srinivasan at Startup School 2013.”

(p. B4) At a startup conference in the San Francisco Bay area last month, a brash and brilliant young entrepreneur named Balaji Srinivasan took the stage to lay out a case for Silicon Valley’s independence.

According to Mr. Srinivasan, who co-founded a successful genetics startup and is now a popular lecturer at Stanford University, the tech industry is under siege from Wall Street, Washington and Hollywood, which he says he believes are harboring resentment toward Silicon Valley’s efforts to usurp their cultural and economic power.
On its surface, Mr. Srinivasan’s talk,called “Silicon Valley’s Ultimate Exit,”sounded like a battle cry of the libertarian, anti-regulatory sensibility long espoused by some of the tech industry’s leading thinkers. After arguing that the rest of the country wants to put a stop to the Valley’s rise, Mr. Srinivasan floated a plan for techies to build an “opt-in society, outside the U.S., run by technology.”
His idea seemed a more expansive version of Google Chief Executive Larry Page’s call for setting aside “a piece of the world” to try out controversial new technologies, and investor Peter Thiel’s “Seastead” movement, which aims to launch tech-utopian island nations.

For the full commentary, see:
FARHAD MANJOO. “HIGH DEFINITION; The Valley’s Ugly Complex.” The Wall Street Journal (Mon., Nov. 4, 2013): B4.
(Note: the online version of the commentary has the date Nov. 3, 2013, and has the title “HIGH DEFINITION; Silicon Valley Has an Arrogance Problem.”)

Spain’s $11 Billion Per Year Slows Global Warming by 61 Hours

(p. A17) Today Spain spends about 1% of GDP throwing money at green energy such as solar and wind power. The $11 billion a year is more than Spain spends on higher education.
At the end of the century, with current commitments, these Spanish efforts will have delayed the impact of global warming by roughly 61 hours, according to the estimates of Yale University’s well-regarded Dynamic Integrated Climate-Economy model. Hundreds of billions of dollars for 61 additional hours? That’s a bad deal.

For the full commentary, see:
BJORN LOMBORG. “Green Energy Is the Real Subsidy Hog; Renewables receive three times as much money per energy unit as fossil fuels.” The Wall Street Journal (Tues., Nov. 12, 2013): A17.
(Note: the online version of the commentary has the date Nov. 11, 2013.)

Regulators Harass Saucy and Irreverent Buckyball Entrepreneur

“Craig Zucker, former head of Maxfield & Oberton, which made Buckyballs, sells Liberty Balls to raise a legal-defense fund against an unusual action by federal regulators.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. B1) Over the last three weeks, more than 2,200 people have placed orders for $10-to-$40 sets of magnetic stacking balls, rising to the call of a saucy and irreverent social media campaign against a government regulatory agency.
. . .
It involves an effort by the federal Consumer Product Safety Commission to recall Buckyballs, sets of tiny, powerfully magnetic stacking balls that the magazines Rolling Stone and People once ranked on their hot products lists.
Last year, the commission declared the balls a swallowing hazard to young children and filed an administrative action against the company that made the product, demanding it recall all Buckyballs, and a related product called Buckycubes, and refund consumers their money. The company, Maxfield & Oberton Holdings, challenged the action, saying labels on the packaging clearly warned that the product was unsafe for children.
But the fuss now has less to do with safety. After Maxfield & Oberton went out of business last December, citing the financial toll of the recall battle, lawyers for the product safety agency took the highly unusual step of adding the chief executive of the dissolved firm, Craig Zucker, as a respondent in the recall action, arguing that he con-
(p. B6)trolled the company’s activities. Mr. Zucker and his lawyers say the move could ultimately make him personally responsible for the estimated recall costs of $57 million.
While the “responsible corporate officer” doctrine (also known as the Park doctrine) has been used frequently in criminal cases, allowing for prosecutions of individual company officers in cases asserting corporate wrongdoing, experts say its use is virtually unheard-of in an administrative action where no violations of law or regulations are claimed.
. . .
Three well-known business organizations — the National Association of Manufacturers, the National Retail Federation and the Retail Industry Leaders Association — banded together this summer to file a brief urging the administrative law judge reviewing the recall case to drop Mr. Zucker as a respondent.
The groups argue that holding an individual responsible for a widespread, expensive recall sets a disturbing example and runs counter to the business desire for limited liability. They contend that such risk would have a detrimental effect on entrepreneurism and openness in dealing with regulatory bodies.
. . .
Conservative legal groups like Cause of Action, a nonprofit that targets what it considers governmental overreach, have been watching the proceedings with interest and weighing taking some action.
“This really punishes entrepreneurship and establishes a bad precedent for businesses working to create products for consumers,” said Daniel Z. Epstein, the group’s executive director. “It undermines the business community’s ability to rely upon the corporate form.”

For the full story, see:
HILARY STOUT. “In Regulators’ Sights; Magnetic-Toy Recall Gives Rise to Wider Legal Campaign.” The New York Times (Fri., November 1, 2013): B1 & B6.
(Note: ellipses added.)
(Note: the online version of the article has the date October 31, 2013, and has the title “Buckyball Recall Stirs a Wider Legal Campaign.”)

In Britain Right and Left Support “Libertarian Paternalism”

(p. 4) In 2010, Mr. Cameron set up the Behavioral Insights Team — or nudge unit, as it’s often called. Three years later, the team has doubled in size and is about to announce a joint venture with an external partner to expand the program.
The unit has been nudging people to pay taxes on time, insulate their attics, sign up for organ donation, stop smoking during pregnancy and give to charity — and has saved taxpayers tens of millions of pounds in the process, said David Halpern, its director.
. . .
Creating Commitment
One morning in late May 2008, 10 copies of a little red book arrived for Rohan Silva in Norman Shaw South, the Westminster wing where the leader of the political opposition — at the time, the Conservatives — is traditionally housed.
The book was “Nudge,” and Mr. Silva, then 27 and David Cameron’s youngest adviser, piled them up on his desk. He had read the book as soon as it came out, a few weeks before. In fact, he had read deeply on behavioral economics and social psychology and met many of the American academics who specialized in the field. He was eager to spread the message in his country. “We used to joke about Ro being on commission for Thaler and Sunstein,” said Steve Hilton, Mr. Cameron’s former director of strategy and now a visiting scholar at Stanford.
. . .
Libertarian Paternalism
. . .
. . . , the question in Britain no longer seems to be whether, but how, to nudge. In their book, Professor Thaler and Mr. Sunstein defined their approach as steering people toward decisions deemed superior by the government but leaving them free to choose. “Libertarian paternalism,” they called it, and while that term is not used much in Britain, there is broad agreement on the subject among the left and the right.
Mr. Halpern used to be policy chief for Tony Blair, the former Labour prime minister, and later wrote a report on behavioral policy-making commissioned by Mr. Blair’s Labour Party successor, Gordon Brown. In one small way, the 2010 election campaign was also a race to decide which party would carry out an idea that had been percolating in the intellectual ranks of both for some years.

Wider Horizons
One of Mr. Thaler’s favorite nudges is something that Schiphol Airport near Amsterdam adopted in public bathrooms: a small sticker of a fly in the center of a urinal has been shown to improve aim. It saves the airport cleaning costs.
During a recent visit to Downing Street, Mr. Thaler ran into Mr. Cameron in the men’s room. There were no fly stickers.
“What’s the deal?” he joked.

For the full story, see:
KATRIN BENNHOLD. “The Ministry of Nudges.” The New York Times, SundayBusiness Section (Sun., December 8, 2013): 1 & 4.
(Note: ellipses added; bold in original.)
(Note: the online version of the article has the date December 7, 2013, and has the title “Britain’s Ministry of Nudges.”)

The Nudge book is:
Thaler, Richard H., and Cass R. Sunstein. Nudge: Improving Decisions About Health, Wealth, and Happiness. Revised & Expanded (pb) ed: Penguin Books, 2009.

Portland Government Stops Girl from Selling Mistletoe to Pay for Braces

In Portland, the government is stopping an 11 year old girl from selling mistletoe to raise money for her braces. Here is a link to the KATU local Portland ABC news station video report: http://www.katu.com/news/local/11-year-old-told-not-to-sell-mistletoe-but-begging-is-fine-234014261.html?tab=video&c=y It also has been posted to YouTube at: http://www.youtube.com/watch?v=Vj4caXi0wdw

Use of Floppy Disks Shows Slowness of Government

(p. A14) WASHINGTON — The technology troubles that plagued the HealthCare.gov website rollout may not have come as a shock to people who work for certain agencies of the government — especially those who still use floppy disks, the cutting-edge technology of the 1980s.
Every day, The Federal Register, the daily journal of the United States government, publishes on its website and in a thick booklet around 100 executive orders, proclamations, proposed rule changes and other government notices that federal agencies are mandated to submit for public inspection.
So far, so good.
It turns out, however, that the Federal Register employees who take in the information for publication from across the government still receive some of it on the 3.5-inch plastic storage squares that have become all but obsolete in the United States.
. . .
“You’ve got this antiquated system that still works but is not nearly as efficient as it could be,” said Stan Soloway, chief executive of the Professional Services Council, which represents more than 370 government contractors. “Companies that work with the government, whether longstanding or newcomers, are all hamstrung by the same limitations.”
The use of floppy disks peaked in American homes and offices in the mid-1990s, and modern computers do not even accommodate them anymore. But The Federal Register continues to accept them, in part because legal and security requirements have yet to be updated, but mostly because the wheels of government grind ever slowly.
. . .
. . . , experts say that an administration that prided itself on its technological savvy has a long way to go in updating the computer technology of the federal government. HealthCare.gov and the floppy disks of The Federal Register, they say, are but two recent examples of a government years behind the private sector in digital innovation.

For the full story, see:
JADA F. SMITH. “Slowly They Modernize: A Federal Agency That Still Uses Floppy Disks.” The New York Times (Sat., December 7, 2013): A14.
(Note: ellipses added.)
(Note: the online version of the article has the date December 6, 2013.)

Wind Power Increases Government Corruption

“Kathy Laclair of Churubusco, N.Y., dislikes the noise from the wind turbine blades and says their shadows give her vertigo.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. A1) Lured by state subsidies and buoyed by high oil prices, the wind industry has arrived in force in upstate New York, promising to bring jobs, tax revenue and cutting-edge energy to the long-struggling region. But in town after town, some residents say, the companies have delivered something else: an epidemic of corruption and intimidation, as they rush to acquire enough land to make the wind farms a reality.

“It really is renewable energy gone wrong,” said the Franklin County district attorney, Derek P. Champagne, who began a criminal inquiry into the Burke Town Board last spring and was quickly inundated with complaints from all over the state about the (p. A16) wind companies.
. . .
. . . corruption is a major concern. In at least 12 counties, Mr. Champagne said, evidence has surfaced about possible conflicts of interest or improper influence.
In Prattsburgh, N.Y., a Finger Lakes community, the town supervisor cast the deciding vote allowing private land to be condemned to make way for a wind farm there, even after acknowledging that he had accepted real estate commissions on at least one land deal involving the farm’s developer.
A town official in Bellmont, near Burke, took a job with a wind company after helping shepherd through a zoning law to permit and regulate the towers, according to local residents. And in Brandon, N.Y., nearby, the town supervisor told Mr. Champagne that after a meeting during which he proposed a moratorium on wind towers, he had been invited to pick up a gift from the back seat of a wind company representative’s car.
When the supervisor, Michael R. Lawrence, looked inside, according to his complaint to Mr. Champagne, he saw two company polo shirts and a leather pouch that he suspected contained cash.
When Mr. Lawrence asked whether the pouch was part of the gift, the representative replied, “That’s up to you,” according to the complaint.

For the full story, see:
NICHOLAS CONFESSORE. “In Rural New York, Windmills Can Bring Whiff of Corruption.” The New York Times (Mon., August 18, 2008): A1 & A16.
(Note: ellipses added.)
(Note: the online version of the article has the date August 17, 2008.)

“To some upstate towns, wind power promises prosperity. Others fear noise, spoiled views and the corrupting of local officials.” Source of caption and photo: online version of the NYT article quoted and cited above.

Booker Bravely Boosted Bain

“Cory A. Booker, right, the Democratic mayor of Newark, on “Meet the Press” with Mike Murphy, a Republican strategist. “Enough is enough,” Mr. Booker said of attacks in the presidential race.” Source of caption and photo: online version of the NYT article quoted and cited below.

Romney was criticized for his past association with Bain Capital which was criticized for its role in the process of creative destruction. Democrat Cory Booker, to his credit, defended Bain. (But to his discredit, he later went wobbly when fellow Democrats were appalled by his defense.)

(p. A15) Mayor Cory A. Booker of Newark, a prominent Democrat enlisted as a surrogate for President Obama’s campaign, sharply criticized it on Sunday for attacking Mitt Romney’s work at the private equity firm Bain Capital.

Mr. Booker, speaking on the NBC program “Meet the Press,” made his comments in response to a television advertisement the president’s campaign unveiled last week. It portrays Mr. Romney, the presumptive Republican presidential nominee, as someone who eliminated jobs for the sake of profits during his years running Bain Capital.
“I have to just say, from a very personal level, I’m not about to sit here and indict private equity,” Mr. Booker said. “To me, it’s just we’re getting to a ridiculous point in America, especially that I know I live in a state where pension funds, unions and other people are investing in companies like Bain Capital. If you look at the totality of Bain Capital’s record, they’ve done a lot to support businesses, to grow businesses. And this to me, I’m very uncomfortable with.”

For the full story, see:
RAYMOND HERNANDEZ. “Newark Mayor Criticizes Obama’s Ad.” The New York Times (Mon., May 21, 2012): A15.
(Note: the online version of the article has the date May 20, 2012, and has the title “Surrogate for Obama Denounces Anti-Romney Ad.”)