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6 Fordham Envtl. L.J. 51 (1994-1995)
Pollution Trading Permits as a Form of Market Socialism and the Search for a Real Market Solution to Environmental Pollution

handle is hein.journals/frdmev6 and id is 61 raw text is: POLLUTION TRADING PERMITS AS A FORM
OF MARKET SOCIALISM AND THE
SEARCH FOR A REAL MARKET
SOLUTION TO ENVIRONMENTAL
POLLUTION
ROBERT W. MCGEE*
WALTER E. BLOCK**
INTRODUCTION
T he concept of the marketable pollution permit (MPP)1 has be-
come an increasingly popular topic of discussion for environmen-
talists in recent years, although the idea has been in existence since at
least 1968, when J.H. Dales published a book on the issue.2 This ap-
proach was given added credibility when Congress enacted the Clean
Air Act Amendments of 1990,3 which made the concept an official
part of environmental regulatory policy. A typical solution in this
area is for the government to mandate that a certain kind of pollutant
in a specified geographic area be reduced by a defined target percent-
age within a certain time period. Essentially, such nostrums are based
on a centralized command system rather than the market place.
Establishing a market in tradeable pollution permits triggers
quasi market forces. This leads to a more efficient allocation of re-
sources than traditional command and control alternatives and makes
it possible to achieve the goal of reducing emissions at a lower cost.
Firms that cannot achieve the targeted level can purchase a permit
from the party whose reduction exceeds the mandated amount. As
such, there is an incentive for each party to reduce pollution below the
* Robert W. McGee is a professor at the W. Paul Stillman School of Business,
Seton Hall University.
** Walter E. Block is a professor in the economics department of the College of
the Holy Cross. The authors would like to thank Vivian Lugo and John Tortora for
their research assistance.
1. This scheme also goes by the names tradeable emission rights (TERs),
tradeable pollution rights (TPRs) and tradeable emission permits (TEPs).
2. JOHN H. DALES, POLLUTION, PROPERTY & PRICES (1968). Other treatises on
this subject include: BUYING A BETrER ENVIRONMENT: COST-EFFECTIVE REGULA-
TION THROUGH PERMIT TRADING (Erhard F. Joeres & Martin H. David eds., 1983);
THOMAS H. TIETENBERG, EMISSIONS TRADING: AN EXERCISE IN REFORMING POLLU-
TION POLICY (1985); Robert W. Hahn, Innovative Approaches for Revising the Clean
Air Act, 28 NAT. RESOURCES J. 171 (1988).
3. Pub. L. No. 101-549, 104 Stat. 2399 (1990). These amendments modified the
Clean Air Act of 1977, 42 U.S.C. §§ 7401-7642 (1988). Previous acts included the Air
Pollution Control Act of 1955, Pub. L. No. 84-159, 69 Stat. 322 (1955); the Clean Air
Act of 1963, Pub. L. No. 88-206, 77 Stat. 392 (1963); and the Clean Air Act Amend-
ments of 1970, Pub. L. No. 91-604, 84 Stat. 1676 (1970), among others.

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