United States Economy
America points to its free enterprise system as a model for other
nations. The country's economic success seems to validate the view that
the economy operates best when government leaves businesses and
individuals to succeed -- or fail -- on their own merits in open,
competitive markets. But exactly how "free" is business in
America's free enterprise system? The answer is, "not
completely." A complex web of government regulations shape many
aspects of business operations. Every year, the government produces
thousands of pages of new regulations, often spelling out in painstaking
detail exactly what businesses can and cannot do.
The American approach to government
regulation is far from settled, however. In recent years, regulations
have grown tighter in some areas and been relaxed in others. Indeed, one
enduring theme of recent American economic history has been a continuous
debate about when, and how extensively, government should intervene in
business affairs.
Laissez-faire Versus Government Intervention
Historically, the U.S. government policy toward business was summed
up by the French term laissez-faire -- "leave it alone." The
concept came from the economic theories of Adam Smith, the 18th-century
Scot whose writings greatly influenced the growth of American
capitalism. Smith believed that private interests should have a free
rein. As long as markets were free and competitive, he said, the actions
of private individuals, motivated by self-interest, would work together
for the greater good of society. Smith did favor some forms of
government intervention, mainly to establish the ground rules for free
enterprise. But it was his advocacy of laissez-faire practices that
earned him favor in America, a country built on faith in the individual
and distrust of authority.
Laissez-faire practices have not prevented
private interests from turning to the government for help on numerous
occasions, however. Railroad companies accepted grants of land and
public subsidies in the 19th century. Industries facing strong
competition from abroad have long appealed for protections through trade
policy. American agriculture, almost totally in private hands, has
benefited from government assistance. Many other industries also have
sought and received aid ranging from tax breaks to outright subsidies
from the government.
Government regulation of private industry
can be divided into two categories -- economic regulation and social
regulation. Economic regulation seeks, primarily, to control prices.
Designed in theory to protect consumers and certain companies (usually
small businesses) from more powerful companies, it often is justified on
the grounds that fully competitive market conditions do not exist and
therefore cannot provide such protections themselves. In many cases,
however, economic regulations were developed to protect companies from
what they described as destructive competition with each other. Social
regulation, on the other hand, promotes objectives that are not economic
-- such as safer workplaces or a cleaner environment. Social regulations
seek to discourage or prohibit harmful corporate behavior or to
encourage behavior deemed socially desirable. The government controls
smokestack emissions from factories, for instance, and it provides tax
breaks to companies that offer their employees health and retirement
benefits that meet certain standards.
American history has seen the pendulum
swing repeatedly between laissez-faire principles and demands for
government regulation of both types. For the last 25 years, liberals and
conservatives alike have sought to reduce or eliminate some categories
of economic regulation, agreeing that the regulations wrongly protected
companies from competition at the expense of consumers. Political
leaders have had much sharper differences over social regulation,
however. Liberals have been much more likely to favor government
intervention that promotes a variety of non-economic objectives, while
conservatives have been more likely to see it as an intrusion that makes
businesses less competitive and less efficient.
Growth of Government Intervention
In the early days of the United States, government leaders largely
refrained from regulating business. As the 20th century approached,
however, the consolidation of U.S. industry into increasingly powerful
corporations spurred government intervention to protect small businesses
and consumers. In 1890, Congress enacted the Sherman Antitrust Act, a
law designed to restore competition and free enterprise by breaking up
monopolies. In 1906, it passed laws to ensure that food and drugs were
correctly labeled and that meat was inspected before being sold. In
1913, the government established a new federal banking system, the
Federal Reserve, to regulate the nation's money supply and to place some
controls on banking activities.
The largest changes in the government's
role occurred during the "New Deal," President Franklin D.
Roosevelt's response to the Great Depression. During this period in the
1930s, the United States endured the worst business crisis and the
highest rate of unemployment in its history. Many Americans concluded
that unfettered capitalism had failed. So they looked to government to
ease hardships and reduce what appeared to be self-destructive
competition. Roosevelt and the Congress enacted a host of new laws that
gave government the power to intervene in the economy. Among other
things, these laws regulated sales of stock, recognized the right of
workers to form unions, set rules for wages and hours, provided cash
benefits to the unemployed and retirement income for the elderly,
established farm subsidies, insured bank deposits, and created a massive
regional development authority in the Tennessee Valley.
Many more laws and regulations have been
enacted since the 1930s to protect workers and consumers further. It is
against the law for employers to discriminate in hiring on the basis of
age, sex, race, or religious belief. Child labor generally is
prohibited. Independent labor unions are guaranteed the right to
organize, bargain, and strike. The government issues and enforces
workplace safety and health codes. Nearly every product sold in the
United States is affected by some kind of government regulation: food
manufacturers must tell exactly what is in a can or box or jar; no drug
can be sold until it is thoroughly tested; automobiles must be built
according to safety standards and must meet pollution standards; prices
for goods must be clearly marked; and advertisers cannot mislead
consumers.
By the early 1990s, Congress had created
more than 100 federal regulatory agencies in fields ranging from trade
to communications, from nuclear energy to product safety, and from
medicines to employment opportunity. Among the newer ones are the
Federal Aviation Administration, which was established in 1966 and
enforces safety rules governing airlines, and the National Highway
Traffic Safety Administration (NHSTA), which was created in 1971 and
oversees automobile and driver safety. Both are part of the federal
Department of Transportation.
Many regulatory agencies are structured so
as to be insulated from the president and, in theory, from political
pressures. They are run by independent boards whose members are
appointed by the president and must be confirmed by the Senate. By law,
these boards must include commissioners from both political parties who
serve for fixed terms, usually of five to seven years. Each agency has a
staff, often more than 1,000 persons. Congress appropriates funds to the
agencies and oversees their operations. In some ways, regulatory
agencies work like courts. They hold hearings that resemble court
trials, and their rulings are subject to review by federal courts.
Despite the official independence of
regulatory agencies, members of Congress often seek to influence
commissioners on behalf of their constituents. Some critics charge that
businesses at times have gained undue influence over the agencies that
regulate them; agency officials often acquire intimate knowledge of the
businesses they regulate, and many are offered high-paying jobs in those
industries once their tenure as regulators ends. Companies have their
own complaints, however. Among other things, some corporate critics
complain that government regulations dealing with business often become
obsolete as soon as they are written because business conditions change
rapidly.
Federal Efforts to Control Monopoly
Monopolies were among the first business entities the U.S. government
attempted to regulate in the public interest. Consolidation of smaller
companies into bigger ones enabled some very large corporations to
escape market discipline by "fixing" prices or undercutting
competitors. Reformers argued that these practices ultimately saddled
consumers with higher prices or restricted choices. The Sherman
Antitrust Act, passed in 1890, declared that no person or business could
monopolize trade or could combine or conspire with someone else to
restrict trade. In the early 1900s, the government used the act to break
up John D. Rockefeller's Standard Oil Company and several other large
firms that it said had abused their economic power.
In 1914, Congress passed two more laws
designed to bolster the Sherman Antitrust Act: the Clayton Antitrust Act
and the Federal Trade Commission Act. The Clayton Antitrust Act defined
more clearly what constituted illegal restraint of trade. The act
outlawed price discrimination that gave certain buyers an advantage over
others; forbade agreements in which manufacturers sell only to dealers
who agree not to sell a rival manufacturer's products; and prohibited
some types of mergers and other acts that could decrease competition.
The Federal Trade Commission Act established a government commission
aimed at preventing unfair and anti-competitive business practices.
Critics believed that even these new
anti-monopoly tools were not fully effective. In 1912, the United States
Steel Corporation, which controlled more than half of all the steel
production in the United States, was accused of being a monopoly. Legal
action against the corporation dragged on until 1920 when, in a landmark
decision, the Supreme Court ruled that U.S. Steel was not a monopoly
because it did not engage in "unreasonable" restraint of
trade. The court drew a careful distinction between bigness and
monopoly, and suggested that corporate bigness is not necessarily bad.
The government has continued to pursue
antitrust prosecutions since World War II. The Federal Trade Commission
and the Antitrust Division of the Justice Department watch for potential
monopolies or act to prevent mergers that threaten to reduce competition
so severely that consumers could suffer. Four cases show the scope of
these efforts:
- In 1945, in a case involving the Aluminum Company of
America, a federal appeals court considered how large a market share
a firm could hold before it should be scrutinized for monopolistic
practices. The court settled on 90 percent, noting "it is
doubtful whether sixty or sixty-five percent would be enough, and
certainly thirty-three percent is not."
- In 1961, a number of companies in the electrical
equipment industry were found guilty of fixing prices in restraint
of competition. The companies agreed to pay extensive damages to
consumers, and some corporate executives went to prison.
- In 1963, the U.S. Supreme Court held that a
combination of firms with large market shares could be presumed to
be anti-competitive. The case involved Philadelphia National Bank.
The court ruled that if a merger would cause a company to control an
undue share of the market, and if there was no evidence the merger
would not be harmful, then the merger could not take place.
- In 1997, a federal court concluded that even though
retailing is generally unconcentrated, certain retailers such as
office supply "superstores" compete in distinct economic
markets. In those markets, merger of two substantial firms would be
anti-competitive, the court said. The case involved a home office
supply company, Staples, and a building supply company, Home Depot.
The planned merger was dropped.
As these examples demonstrate, it is
not always easy to define when a violation of antitrust laws occurs.
Interpretations of the laws have varied, and analysts often disagree in
assessing whether companies have gained so much power that they can
interfere with the workings of the market. What's more, conditions
change, and corporate arrangements that appear to pose antitrust threats
in one era may appear less threatening in another. Concerns about the
enormous power of the Standard Oil monopoly in the early 1900s, for
instance, led to the breakup of Rockefeller's petroleum empire into
numerous companies, including the companies that became the Exxon and
Mobil petroleum companies. But in the late 1990s, when Exxon and Mobil
announced that they planned to merge, there was hardly a whimper of
public concern, although the government required some concessions before
approving the combination. Gas prices were low, and other, powerful oil
companies seemed strong enough to ensure competition.
Deregulating Transportation
While antitrust law may have been intended to increase competition,
much other regulation had the opposite effect. As Americans grew more
concerned about inflation in the 1970s, regulation that reduced price
competition came under renewed scrutiny. In a number of cases,
government decided to ease controls in cases where regulation shielded
companies from market pressures.
Transportation was the first target of
deregulation. Under President Jimmy Carter (1977-1981), Congress enacted
a series of laws that removed most of the regulatory shields around
aviation, trucking, and railroads. Companies were allowed to compete by
utilizing any air, road, or rail route they chose, while more freely
setting the rates for their services. In the process of transportation
deregulation, Congress eventually abolished two major economic
regulators: the 109-year-old Interstate Commerce Commission and the
45-year-old Civil Aeronautics Board.
Although the exact impact of deregulation
is difficult to assess, it clearly created enormous upheaval in affected
industries. Consider airlines. After government controls were lifted,
airline companies scrambled to find their way in a new, far less certain
environment. New competitors emerged, often employing lower-wage
nonunion pilots and workers and offering cheap, "no-frills"
services. Large companies, which had grown accustomed to government-set
fares that guaranteed they could cover all their costs, found themselves
hard-pressed to meet the competition. Some -- including Pan American
World Airways, which to many Americans was synonymous with the era of
passenger airline travel, and Eastern Airlines, which carried more
passengers per year than any other American airline -- failed. United
Airlines, the nation's largest single airline, ran into trouble and was
rescued when its own workers agreed to buy it.
Customers also were affected. Many found
the emergence of new companies and new service options bewildering.
Changes in fares also were confusing -- and not always to the liking of
some customers. Monopolies and regulated companies generally set rates
to ensure that they meet their overall revenue needs, without worrying
much about whether each individual service recovers enough revenue to
pay for itself. When airlines were regulated, rates for cross-country
and other long-distance routes, and for service to large metropolitan
areas, generally were set considerably higher than the actual cost of
flying those routes, while rates for costlier shorter-distance routes
and for flights to less-populated regions were set below the cost of
providing the service. With deregulation, such rate schemes fell apart,
as small competitors realized they could win business by concentrating
on the more lucrative high-volume markets, where rates were artificially
high.
As established airlines cut fares to meet
this challenge, they often decided to cut back or even drop service to
smaller, less-profitable markets. Some of this service later was
restored as new "commuter" airlines, often divisions of larger
carriers, sprang up. These smaller airlines may have offered less
frequent and less convenient service (using older propeller planes
instead of jets), but for the most part, markets that feared loss of
airline service altogether still had at least some service.
Most transportation companies initially
opposed deregulation, but they later came to accept, if not favor, it.
For consumers, the record has been mixed. Many of the low-cost airlines
that emerged in the early days of deregulation have disappeared, and a
wave of mergers among other airlines may have decreased competition in
certain markets. Nevertheless, analysts generally agree that air fares
are lower than they would have been had regulation continued. And
airline travel is booming. In 1978, the year airline deregulation began,
passengers flew a total of 226,800 million miles (362,800 million
kilometers) on U.S. airlines. By 1997, that figure had nearly tripled,
to 605,400 million passenger miles (968,640 kilometers).
Telecommunications
Until the 1980s in the United States, the term "telephone
company" was synonymous with American Telephone & Telegraph.
AT&T controlled nearly all aspects of the telephone business. Its
regional subsidiaries, known as "Baby Bells," were regulated
monopolies, holding exclusive rights to operate in specific areas. The
Federal Communications Commission regulated rates on long-distance calls
between states, while state regulators had to approve rates for local
and in-state long-distance calls.
Government regulation was justified on the
theory that telephone companies, like electric utilities, were natural
monopolies. Competition, which was assumed to require stringing multiple
wires across the countryside, was seen as wasteful and inefficient. That
thinking changed beginning around the 1970s, as sweeping technological
developments promised rapid advances in telecommunications. Independent
companies asserted that they could, indeed, compete with AT&T. But
they said the telephone monopoly effectively shut them out by refusing
to allow them to interconnect with its massive network.
Telecommunications deregulation came in
two sweeping stages. In 1984, a court effectively ended AT&T's
telephone monopoly, forcing the giant to spin off its regional
subsidiaries. AT&T continued to hold a substantial share of the
long-distance telephone business, but vigorous competitors such as MCI
Communications and Sprint Communications won some of the business,
showing in the process that competition could bring lower prices and
improved service.
A decade later, pressure grew to break up
the Baby Bells' monopoly over local telephone service. New technologies
-- including cable television, cellular (or wireless) service, the
Internet, and possibly others -- offered alternatives to local telephone
companies. But economists said the enormous power of the regional
monopolies inhibited the development of these alternatives. In
particular, they said, competitors would have no chance of surviving
unless they could connect, at least temporarily, to the established
companies' networks -- something the Baby Bells resisted in numerous
ways.
In 1996, Congress responded by passing the
Telecommunications Act of 1996. The law allowed long-distance telephone
companies such as AT&T, as well as cable television and other
start-up companies, to begin entering the local telephone business. It
said the regional monopolies had to allow new competitors to link with
their networks. To encourage the regional firms to welcome competition,
the law said they could enter the long-distance business once new
competition was established in their domains.
At the end of the 1990s, it was still too
early to assess the impact of the new law. There were some positive
signs. Numerous smaller companies had begun offering local telephone
service, especially in urban areas where they could reach large numbers
of customers at low cost. The number of cellular telephone subscribers
soared. Countless Internet service providers sprung up to link
households to the Internet. But there also were developments that
Congress had not anticipated or intended. A great number of telephone
companies merged, and the Baby Bells mounted numerous barriers to thwart
competition. The regional firms, accordingly, were slow to expand into
long-distance service. Meanwhile, for some consumers -- especially
residential telephone users and people in rural areas whose service
previously had been subsidized by business and urban customers --
deregulation was bringing higher, not lower, prices.
The Special Case of Banking
Banks are a special case when it comes to regulation. On one hand,
they are private businesses just like toy manufacturers and steel
companies. But they also play a central role in the economy and
therefore affect the well-being of everybody, not just their own
consumers. Since the 1930s, Americans have devised regulations designed
to recognize the unique position banks hold.
One of the most important of these
regulations is deposit insurance. During the Great Depression, America's
economic decline was seriously aggravated when vast numbers of
depositors, concerned that the banks where they had deposited their
savings would fail, sought to withdraw their funds all at the same time.
In the resulting "runs" on banks, depositors often lined up on
the streets in a panicky attempt to get their money. Many banks,
including ones that were operated prudently, collapsed because they
could not convert all their assets to cash quickly enough to satisfy
depositors. As a result, the supply of funds banks could lend to
business and industrial enterprise shrank, contributing to the economy's
decline.
Deposit insurance was designed to prevent
such runs on banks. The government said it would stand behind deposits
up to a certain level -- $100,000 currently. Now, if a bank appears to
be in financial trouble, depositors no longer have to worry. The
government's bank-insurance agency, known as the Federal Deposit
Insurance Corporation, pays off the depositors, using funds collected as
insurance premiums from the banks themselves. If necessary, the
government also will use general tax revenues to protect depositors from
losses. To protect the government from undue financial risk, regulators
supervise banks and order corrective action if the banks are found to be
taking undue risks.
The New Deal of the 1930s era also gave
rise to rules preventing banks from engaging in the securities and
insurance businesses. Prior to the Depression, many banks ran into
trouble because they took excessive risks in the stock market or
provided loans to industrial companies in which bank directors or
officers had personal investments. Determined to prevent that from
happening again, Depression-era politicians enacted the Glass-Steagall
Act, which prohibited the mixing of banking, securities, and insurance
businesses. Such regulation grew controversial in the 1970s, however, as
banks complained that they would lose customers to other financial
companies unless they could offer a wider variety of financial services.
The government responded by giving banks
greater freedom to offer consumers new types of financial services.
Then, in late 1999, Congress enacted the Financial Services
Modernization Act of 1999, which repealed the Glass-Steagall Act. The
new law went beyond the considerable freedom that banks already were
enjoying to offer everything from consumer banking to underwriting
securities. It allowed banks, securities, and insurance firms to form
financial conglomerates that could market a range of financial products
including mutual funds, stocks and bonds, insurance, and automobile
loans. As with laws deregulating transportation, telecommunications, and
other industries, the new law was expected to generate a wave of mergers
among financial institutions.
Generally, the New Deal legislation was
successful, and the American banking system returned to health in the
years following World War II. But it ran into difficulties again in the
1980s and 1990s -- in part because of social regulation. After the war,
the government had been eager to foster home ownership, so it helped
create a new banking sector -- the "savings and loan"
(S&L) industry -- to concentrate on making long-term home loans,
known as mortgages. Savings and loans faced one major problem: mortgages
typically ran for 30 years and carried fixed interest rates, while most
deposits have much shorter terms. When short-term interest rates rise
above the rate on long-term mortgages, savings and loans can lose money.
To protect savings and loan associations and banks against this
eventuality, regulators decided to control interest rates on deposits.
For a while, the system worked well. In
the 1960s and 1970s, almost all Americans got S&L financing for
buying their homes. Interest rates paid on deposits at S&Ls were
kept low, but millions of Americans put their money in them because
deposit insurance made them an extremely safe place to invest. Starting
in the 1960s, however, general interest rate levels began rising with
inflation. By the 1980s, many depositors started seeking higher returns
by putting their savings into money market funds and other non-bank
assets. This put banks and savings and loans in a dire financial
squeeze, unable to attract new deposits to cover their large portfolios
of long-term loans.
Responding to their problems, the
government in the 1980s began a gradual phasing out of interest rate
ceilings on bank and S&L deposits. But while this helped the
institutions attract deposits again, it produced large and widespread
losses on S&Ls' mortgage portfolios, which were for the most part
earning lower interest rates than S&Ls now were paying depositors.
Again responding to complaints, Congress relaxed restrictions on lending
so that S&Ls could make higher-earning investments. In particular,
Congress allowed S&Ls to engage in consumer, business, and
commercial real estate lending. They also liberalized some regulatory
procedures governing how much capital S&Ls would have to hold.
Fearful of becoming obsolete, S&Ls
expanded into highly risky activities such as speculative real estate
ventures. In many cases, these ventures proved to be unprofitable,
especially when economic conditions turned unfavorable. Indeed, some
S&Ls were taken over by unsavory people who plundered them. Many
S&Ls ran up huge losses. Government was slow to detect the unfolding
crisis because budgetary stringency and political pressures combined to
shrink regulators' staffs.
The S&L crisis in a few years
mushroomed into the biggest national financial scandal in American
history. By the end of the decade, large numbers of S&Ls had tumbled
into insolvency; about half of the S&Ls that had been in business in
1970 no longer existed in 1989. The Federal Savings and Loan Insurance
Corporation, which insured depositors' money, itself became insolvent.
In 1989, Congress and the president agreed on a taxpayer-financed
bailout measure known as the Financial Institutions Reform, Recovery,
and Enforcement Act (FIRREA). This act provided $50 billion to close
failed S&Ls, totally changed the regulatory apparatus for savings
institutions, and imposed new portfolio constraints. A new government
agency called the Resolution Trust Corporation (RTC) was set up to
liquidate insolvent institutions. In March 1990, another $78,000 million
was pumped into the RTC. But estimates of the total cost of the S&L
cleanup continued to mount, topping the $200,000 million mark.
Americans have taken a number of lessons
away from the post-war experience with banking regulation. First,
government deposit insurance protects small savers and helps maintain
the stability of the banking system by reducing the danger of runs on
banks. Second, interest rate controls do not work. Third, government
should not direct what investments banks should make; rather,
investments should be determined on the basis of market forces and
economic merit. Fourth, bank lending to insiders or to companies
affiliated with insiders should be closely watched and limited. Fifth,
when banks do become insolvent, they should be closed as quickly as
possible, their depositors paid off, and their loans transferred to
other, healthier lenders. Keeping insolvent institutions in operation
merely freezes lending and can stifle economic activity.
Finally, while banks generally should be
allowed to fail when they become insolvent, Americans believe that the
government has a continuing responsibility to supervise them and prevent
them from engaging in unnecessarily risky lending that could damage the
entire economy. In addition to direct supervision, regulators
increasingly emphasize the importance of requiring banks to raise a
substantial amount of their own capital. Besides giving banks funds that
can be used to absorb losses, capital requirements encourage bank owners
to operate responsibly since they will lose these funds in the event
their banks fail. Regulators also stress the importance of requiring
banks to disclose their financial status; banks are likely to behave
more responsibly if their activities and conditions are publicly known.
Protecting the Environment
The regulation of practices that affect the environment has been a
relatively recent development in the United States, but it is a good
example of government intervention in the economy for a social purpose.
Beginning in the 1960s, Americans became
increasingly concerned about the environmental impact of industrial
growth. Engine exhaust from growing numbers of automobiles, for
instance, was blamed for smog and other forms of air pollution in larger
cities. Pollution represented what economists call an externality -- a
cost the responsible entity can escape but that society as a whole must
bear. With market forces unable to address such problems, many
environmentalists suggested that government has a moral obligation to
protect the earth's fragile ecosystems -- even if doing so requires that
some economic growth be sacrificed. A slew of laws were enacted to
control pollution, including the 1963 Clean Air Act, the 1972 Clean
Water Act, and the 1974 Safe Drinking Water Act.
Environmentalists achieved a major goal in
December 1970 with the establishment of the U.S. Environmental
Protection Agency (EPA), which brought together in a single agency many
federal programs charged with protecting the environment. The EPA sets
and enforces tolerable limits of pollution, and it establishes
timetables to bring polluters into line with standards; since most of
the requirements are of recent origin, industries are given reasonable
time, often several years, to conform to standards. The EPA also has the
authority to coordinate and support research and anti-pollution efforts
of state and local governments, private and public groups, and
educational institutions. Regional EPA offices develop, propose, and
implement approved regional programs for comprehensive environmental
protection activities.
Data collected since the agency began its
work show significant improvements in environmental quality; there has
been a nationwide decline of virtually all air pollutants, for example.
However, in 1990 many Americans believed that still greater efforts to
combat air pollution were needed. Congress passed important amendments
to the Clean Air Act, and they were signed into law by President George
Bush (1989-1993). Among other things, the legislation incorporated an
innovative market-based system designed to secure a substantial
reduction in sulfur dioxide emissions, which produce what is known as
acid rain. This type of pollution is believed to cause serious damage to
forests and lakes, particularly in the eastern part of the United States
and Canada.
What's Next?
The liberal-conservative split over social regulation is probably
deepest in the areas of environmental and workplace health and safety
regulation, though it extends to other kinds of regulation as well. The
government pursued social regulation with great vigor in the 1970s, but
Republican President Ronald Reagan (1981-1989) sought to curb those
controls in the 1980s, with some success. Regulation by agencies such as
National Highway Traffic Safety Administration and the Occupational
Safety and Health Administration (OSHA) slowed down considerably for
several years, marked by episodes such as a dispute over whether NHTSA
should proceed with a federal standard that, in effect, required
auto-makers to install air bags (safety devices that inflate to protect
occupants in many crashes) in new cars. Eventually, the devices were
required.
Social regulation began to gain new
momentum after the Democratic Clinton administration took over in 1992.
But the Republican Party, which took control of Congress in 1994 for the
first time in 40 years, again placed social regulators squarely on the
defensive. That produced a new regulatory cautiousness at agencies like
OSHA.
The EPA in the 1990s, under considerable
legislative pressure, turned toward cajoling business to protect the
environment rather than taking a tough regulatory approach. The agency
pressed auto-makers and electric utilities to reduce small particles of
soot that their operations spewed into the air, and it worked to control
water-polluting storm and farm-fertilizer runoffs. Meanwhile,
environmentally minded Al Gore, the vice president during President
Clinton's two terms, buttressed EPA policies by pushing for reduced air
pollution to curb global warming, a super-efficient car that would emit
fewer air pollutants, and incentives for workers to use mass transit.
The government, meanwhile, has tried to
use price mechanisms to achieve regulatory goals, hoping this would be
less disruptive to market forces. It developed a system of air-pollution
credits, for example, which allowed companies to sell the credits among
themselves. Companies able to meet pollution requirements least
expensively could sell credits to other companies. This way, officials
hoped, overall pollution-control goals could be achieved in the most
efficient way.
Economic deregulation maintained some
appeal through the close of the 1990s. Many states moved to end
regulatory controls on electric utilities, which proved a very
complicated issue because service areas were fragmented. Adding another
layer of complexity were the mix of public and private utilities, and
massive capital costs incurred during the construction of
electric-generating facilities.
Source: U.S. Department of State
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