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How Does the Deterrence Effect of Regulatory Enforcement Differ Between Privately and Government-Owned Facilities?

Author

Listed:
  • Dietrich Earnhart

    (University of Kansas)

  • Sarah Jacobson

    (Williams College)

Abstract

Environmental protection laws apply to both privately owned and government-owned facilities. Regulatory agencies take actions against facilities to induce compliance. Privately owned and government-owned facilities’ responses to enforcement may differ because of differences in objective functions, constraints, and incentives. We ask: do privately owned facilities and government-owned facilities respond differently to inspections and enforcement actions? We answer this question in the context of the U.S. Clean Water Act. Our analysis exploits monthly data that cover major facilities in all sectors within six U.S. states, comprising over one-third of all the major facilities operating in the U.S., from 1997 to 2016. We distinguish between government-owned municipal wastewater facilities, i.e., publicly owned treatment works (POTWs), and other government-owned facilities, e.g., hospitals, power plants. We find that, conditioning on past violations, POTW facilities receive more regulatory enforcement than privately owned facilities, although this may not be driven solely by ownership type. On the other hand, non-POTW government-owned facilities receive less. More importantly, while we find no significant evidence of a deterrence effect of enforcement actions for privately owned facilities, both kinds of government-owned facilities show evidence of deterrence. Thus, in this context, enforcement against government-owned facilities is in some cases at least as strong as enforcement against privately owned facilities, and elicits a stronger deterrence response.

Suggested Citation

  • Dietrich Earnhart & Sarah Jacobson, 2025. "How Does the Deterrence Effect of Regulatory Enforcement Differ Between Privately and Government-Owned Facilities?," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 88(3), pages 553-588, March.
    • Handle: RePEc:kap:enreec:v:88:y:2025:i:3:d:10.1007_s10640-024-00940-4
    DOI: 10.1007/s10640-024-00940-4
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    1. Gray, Wayne B. & Shadbegian, R.J.Ronald J., 2004. "'Optimal' pollution abatement--whose benefits matter, and how much?," Journal of Environmental Economics and Management, Elsevier, vol. 47(3), pages 510-534, May.
    2. Gangadharan, Lata, 2006. "Environmental compliance by firms in the manufacturing sector in Mexico," Ecological Economics, Elsevier, vol. 59(4), pages 477-486, October.
    3. Lindsay, Cotton M, 1976. "A Theory of Government Enterprise," Journal of Political Economy, University of Chicago Press, vol. 84(5), pages 1061-1077, October.
    4. Helland, Eric, 1998. "The Revealed Preferences of State EPAs: Stringency, Enforcement, and Substitution," Journal of Environmental Economics and Management, Elsevier, vol. 35(3), pages 242-261, May.
    5. Kjetil Telle, 2009. "The threat of regulatory environmental inspection: impact on plant performance," Journal of Regulatory Economics, Springer, vol. 35(2), pages 154-178, April.
    6. Stafford, Sarah L, 2003. "Assessing the Effectiveness of State Regulation and Enforcement of Hazardous Waste," Journal of Regulatory Economics, Springer, vol. 23(1), pages 27-41, January.
    7. Nakamura, Masao & Takahashi, Takuya & Vertinsky, Ilan, 2001. "Why Japanese Firms Choose to Certify: A Study of Managerial Responses to Environmental Issues," Journal of Environmental Economics and Management, Elsevier, vol. 42(1), pages 23-52, July.
    8. Ann P. Bartel & Ann E. Harrison, 2005. "Ownership Versus Environment: Disentangling the Sources of Public-Sector Inefficiency," The Review of Economics and Statistics, MIT Press, vol. 87(1), pages 135-147, February.
    9. Carpenter, Jeffrey & Myers, Caitlin Knowles, 2010. "Why volunteer? Evidence on the role of altruism, image, and incentives," Journal of Public Economics, Elsevier, vol. 94(11-12), pages 911-920, December.
    10. Deily, Mary E. & Gray, Wayne B., 1991. "Enforcement of pollution regulations in a declining industry," Journal of Environmental Economics and Management, Elsevier, vol. 21(3), pages 260-274, November.
    11. Earnhart, Dietrich & Friesen, Lana, 2017. "The Effects of Regulated Facilities' Perceptions About the Effectiveness of Government Interventions on Environmental Compliance," Ecological Economics, Elsevier, vol. 142(C), pages 282-294.
    12. Shimshack, Jay P. & Ward, Michael B., 2008. "Enforcement and over-compliance," Journal of Environmental Economics and Management, Elsevier, vol. 55(1), pages 90-105, January.
    13. Wallsten, Scott & Kosec, Katrina, 2008. "The effects of ownership and benchmark competition: An empirical analysis of U.S. water systems," International Journal of Industrial Organization, Elsevier, vol. 26(1), pages 186-205, January.
    14. Gray, Wayne B. & Deily, Mary E., 1996. "Compliance and Enforcement: Air Pollution Regulation in the U.S. Steel Industry," Journal of Environmental Economics and Management, Elsevier, vol. 31(1), pages 96-111, July.
    15. Bruno S. Frey & Reto Jegen, 2001. "Motivation Crowding Theory," Journal of Economic Surveys, Wiley Blackwell, vol. 15(5), pages 589-611, December.
    16. Dietrich Earnhart & Paul J. Ferraro, 2021. "The Effect of Peer Comparisons on Polluters: A Randomized Field Experiment among Wastewater Dischargers," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 79(4), pages 627-652, August.
    17. Wooldridge, Jeffrey M., 1999. "Distribution-free estimation of some nonlinear panel data models," Journal of Econometrics, Elsevier, vol. 90(1), pages 77-97, May.
    18. Sah, Raaj K, 1991. "Social Osmosis and Patterns of Crime," Journal of Political Economy, University of Chicago Press, vol. 99(6), pages 1272-1295, December.
    19. Earnhart, Dietrich H. & Glicksman, Robert L., 2015. "Coercive vs. cooperative enforcement: Effect of enforcement approach on environmental management," International Review of Law and Economics, Elsevier, vol. 42(C), pages 135-146.
    20. Stafford, Sarah L., 2002. "The Effect of Punishment on Firm Compliance with Hazardous Waste Regulations," Journal of Environmental Economics and Management, Elsevier, vol. 44(2), pages 290-308, September.
    21. Dion, Catherine & Lanoie, Paul & Laplante, Benoit, 1998. "Monitoring of Pollution Regulation: Do Local Conditions Matter?," Journal of Regulatory Economics, Springer, vol. 13(1), pages 5-18, January.
    22. Barla, Philippe, 2007. "ISO 14001 certification and environmental performance in Quebec's pulp and paper industry," Journal of Environmental Economics and Management, Elsevier, vol. 53(3), pages 291-306, May.
    23. Sandra Rousseau, 2007. "Timing of environmental inspections: survival of the compliant," Journal of Regulatory Economics, Springer, vol. 32(1), pages 17-36, August.
    24. Zach Raff & Dietrich Earnhart, 2018. "Effect Of Cooperative Enforcement Strategies On Wastewater Management," Economic Inquiry, Western Economic Association International, vol. 56(2), pages 1357-1379, April.
    25. Earnhart, Dietrich & Lizal, Lubomir, 2006. "Effects of ownership and financial performance on corporate environmental performance," Journal of Comparative Economics, Elsevier, vol. 34(1), pages 111-129, March.
    26. Shimshack, Jay P. & Ward, Michael B., 2005. "Regulator reputation, enforcement, and environmental compliance," Journal of Environmental Economics and Management, Elsevier, vol. 50(3), pages 519-540, November.
    27. Earnhart, Dietrich & Segerson, Kathleen, 2012. "The influence of financial status on the effectiveness of environmental enforcement," Journal of Public Economics, Elsevier, vol. 96(9-10), pages 670-684.
    28. Banuri, Sheheryar & Keefer, Philip, 2016. "Pro-social motivation, effort and the call to public service," European Economic Review, Elsevier, vol. 83(C), pages 139-164.
    29. David M. Konisky & Manuel P. Teodoro, 2016. "When Governments Regulate Governments," American Journal of Political Science, John Wiley & Sons, vol. 60(3), pages 559-574, July.
    30. Laplante, Benoit & Rilstone, Paul, 1996. "Environmental Inspections and Emissions of the Pulp and Paper Industry in Quebec," Journal of Environmental Economics and Management, Elsevier, vol. 31(1), pages 19-36, July.
    31. Dietrich Earnhart, 2009. "The influence of facility characteristics and permit conditions on the effectiveness of environmental regulatory deterrence," Journal of Regulatory Economics, Springer, vol. 36(3), pages 247-273, December.
    32. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    33. Søren C. Winter & Peter J. May, 2001. "Motivation for Compliance with Environmental Regulations," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 20(4), pages 675-698.
    34. Pargal, Sheoli & Wheeler, David, 1996. "Informal Regulation of Industrial Pollution in Developing Countries: Evidence from Indonesia," Journal of Political Economy, University of Chicago Press, vol. 104(6), pages 1314-1327, December.
    35. Thomas J. Miceli & Kathleen Segerson & Dietrich Earnhart, 2022. "The role of experience in deterring crime: A theory of specific versus general deterrence," Economic Inquiry, Western Economic Association International, vol. 60(4), pages 1833-1853, October.
    36. Henriques, Irene & Sadorsky, Perry, 1996. "The Determinants of an Environmentally Responsive Firm: An Empirical Approach," Journal of Environmental Economics and Management, Elsevier, vol. 30(3), pages 381-395, May.
    37. Earnhart, Dietrich & Harrington, Donna Ramirez, 2014. "Effect of audits on the extent of compliance with wastewater discharge limits," Journal of Environmental Economics and Management, Elsevier, vol. 68(2), pages 243-261.
    38. Nickell, Stephen J, 1981. "Biases in Dynamic Models with Fixed Effects," Econometrica, Econometric Society, vol. 49(6), pages 1417-1426, November.
    39. Dasgupta, Susmita & Hettige, Hemamala & Wheeler, David, 2000. "What Improves Environmental Compliance? Evidence from Mexican Industry," Journal of Environmental Economics and Management, Elsevier, vol. 39(1), pages 39-66, January.
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    More about this item

    Keywords

    Enforcement; Deterrence; Ownership; Wastewater; Regulation; Pollution;
    All these keywords.

    JEL classification:

    • D22 - Microeconomics - - Production and Organizations - - - Firm Behavior: Empirical Analysis
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • Q53 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - Air Pollution; Water Pollution; Noise; Hazardous Waste; Solid Waste; Recycling
    • Q58 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - Environmental Economics: Government Policy

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