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Beyond Liability: An Analysis of Financial Responsibility and Care Decisions in Hazardous Waste Management Facilities

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  • Zhou, Jane

Abstract

To ensure the availability of cleanup funds, federal regulators often require ex ante proof of ability-to-pay for future environmental liabilities. These regulations currently apply to hazardous waste managers under the Resource Conservation and Recovery Act, and are being considered for expanded applicability to other industries. Regulators have long expressed concern regarding the reliability of self-insurance. Little economic work, however, has studied the differing incentive effects of different financial assurance mechanisms, such as self-insurance, insurance, or trust funds. Using a novel facility-level panel dataset, I test this hypothesis using data on firm financial assurance and chemical spills. I find that self-insurance mechanisms are strongly associated with increased spill rates. This paper shows that with noncompetitive insurance markets, third-party financial instruments may act as “private regulators" and incentivize facilities to exercise increased care against environmental damage. This association may also result from high-risk firms' selection into self-insurance.

Suggested Citation

  • Zhou, Jane, 2014. "Beyond Liability: An Analysis of Financial Responsibility and Care Decisions in Hazardous Waste Management Facilities," Working Papers 182293, University of Maryland, Department of Agricultural and Resource Economics.
  • Handle: RePEc:ags:umdrwp:182293
    DOI: 10.22004/ag.econ.182293
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    1. Jason F. Shogren & Joseph A. Herriges & Ramu Govindasamy, 1991. "Limits to Environmental Bonds: Lessons from the Labor Literature," Center for Agricultural and Rural Development (CARD) Publications 91-wp82, Center for Agricultural and Rural Development (CARD) at Iowa State University.
    2. William H. Greene, 1998. "Gender Economics Courses in Liberal Arts Colleges: Further Results," The Journal of Economic Education, Taylor & Francis Journals, vol. 29(4), pages 291-300, January.
    3. Merolla, A. Todd, 1998. "The Effect of Latent Hazards on Firm Exit in Manufacturing Industries," International Review of Law and Economics, Elsevier, vol. 18(1), pages 13-24, March.
    4. Anna Alberini & David Austin, 2002. "Accidents Waiting to Happen: Liability Policy and Toxic Pollution Releases," The Review of Economics and Statistics, MIT Press, vol. 84(4), pages 729-741, November.
    5. Pierre Bentata, 2014. "Liability as a complement to environmental regulation: an empirical study of the French legal system," Environmental Economics and Policy Studies, Springer;Society for Environmental Economics and Policy Studies - SEEPS, vol. 16(3), pages 201-228, July.
    6. Boyd, James, 2001. "Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise?," RFF Working Paper Series dp-01-42, Resources for the Future.
    7. James J. Opaluch & Thomas A. Grigalunas, 1984. "Controlling Stochastic Pollution Events through Liability Rules: Some Evidence from OCS Leasing," RAND Journal of Economics, The RAND Corporation, vol. 15(1), pages 142-151, Spring.
    8. Gerard, David, 2000. "The law and economics of reclamation bonds," Resources Policy, Elsevier, vol. 26(4), pages 189-197, December.
    9. Andrew A. King & Michael J. Lenox, 2001. "Does It Really Pay to Be Green? An Empirical Study of Firm Environmental and Financial Performance: An Empirical Study of Firm Environmental and Financial Performance," Journal of Industrial Ecology, Yale University, vol. 5(1), pages 105-116, January.
    10. Bruce A. Larson, 1996. "Environmental Policy Based on Strict Liability: Implications of Uncertainty and Bankruptcy," Land Economics, University of Wisconsin Press, vol. 72(1), pages 33-42.
    11. Shavell, S., 1986. "The judgment proof problem," International Review of Law and Economics, Elsevier, vol. 6(1), pages 45-58, June.
    12. Stuart L. Hart & Gautam Ahuja, 1996. "Does It Pay To Be Green? An Empirical Examination Of The Relationship Between Emission Reduction And Firm Performance," Business Strategy and the Environment, Wiley Blackwell, vol. 5(1), pages 30-37, March.
    13. Pitchford, Rohan, 1995. "How Liable Should a Lender Be? The Case of Judgment-Proof Firms and Environmental Risk," American Economic Review, American Economic Association, vol. 85(5), pages 1171-1186, December.
    14. Shogren, Jason F. & Herriges, Joseph A. & Govindasamy, Ramu, 1993. "Limits to environmental bonds," Ecological Economics, Elsevier, vol. 8(2), pages 109-133, October.
    15. Henk Folmer & H. L. Gabel (ed.), 2000. "Principles of Environmental and Resource Economics," Books, Edward Elgar Publishing, number 1605.
    16. Boyd, James, 2001. "Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise?," Discussion Papers 10809, Resources for the Future.
    17. Barth, Me & Mcnichols, Mf, 1994. "Estimation And Market Valuation Of Environmental Liabilities Relating To Superfund Sites," Journal of Accounting Research, Wiley Blackwell, vol. 32, pages 177-209.
    18. William Greene, 1998. "Gender Economics Courses in Liberal Arts Colleges: Comment," Working Papers 98-06, New York University, Leonard N. Stern School of Business, Department of Economics.
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    Cited by:

    1. Sara Aghakazemjourabbaf & Margaret Insley, 2018. "Optimal timing of harzardous waste clean-up under an environmental bond an a strict liability rule," Working Papers 1803, University of Waterloo, Department of Economics, revised 06 Jan 2018.
    2. Aghakazemjourabbaf, Sara & Insley, Margaret, 2021. "Leaving your tailings behind: Environmental bonds, bankruptcy and waste cleanup," Resource and Energy Economics, Elsevier, vol. 65(C).

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    Keywords

    Environmental Economics and Policy; Public Economics; Risk and Uncertainty;
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