Showing posts with label energy sector. Show all posts
Showing posts with label energy sector. Show all posts

Monday, August 25, 2025

The E.U.’s Hungary Overreaching on Sovereignty: International Trade

Sovereignty is not a word to be casually used, especially if in overreaching. In both the E.U. and U.S., state governments have overreached at the expense of the delegated competencies or enumerated powers of the respective Unions of states. The Nullification Crisis in the U.S. and de facto unilateral refusal of the E.U. state of Hungary to observe E.U. law both demonstrate how the overreaching by state governments can compromise a federal system.[1] In the E.U. the refusal to do away with the principle of unanimity in the European Council and the Council of the E.U. enable and even invite such overreaches at the expense of the E.U. itself, and its distinctly federal officials. Even a state government’s pursuit of it’s state’s economic interests does not justify holding the E.U. hostage. The case of supporting Ukraine in the midst of the invasion by Russia is a case in point.


The full essay is at "The E.U.'s Hungary Overreaching on Sovereignty."


1, In 1832-1833, the government of South Carolina held that the U.S. tariffs of 1828 and 1832 were null and void within the state. “The resolution of the Nullification Crisis in favor of the federal government helped to undermine the nullification doctrine,” which holds that states have the right “to nullify federal acts within their boundaries.” Britannica.com (accessed August 25, 2025). I submit that the European Court of Justice could do worse than declare the same with regard to state laws, including the refusal of a governor or state legislature to implement federal directives, that are in violation of E.U. law and regulations. Monetary sanctions by the European Commission have not been a sufficient deterrent. If either de facto or de jure nullification becomes the norm, then it would only be a matter of time before the Union dissolves and the states could once again take up arms against each other.

Tuesday, August 1, 2017

Cases of Unethical Business: A Malignant Mentality of Mendacity

The book, Cases of Unethical Business: A Malignant Mentality of Mendacity, presents a number of cases of unethical conduct at American companies in several industries, along with some cases from other regions of the world for comparative perspective. A variety of industries are represented so to evince a common denominator lurking beneath specific instances of unethical conduct in business. The emphasis here is not on ethical decision-making, for it does not go deep enough. Rather, the underlying mentality out of which the decisions come is to be unearthed to be examined in the light of day. The mentality can be characterized as a mendacious narcissism having little or no regard for other people or institutions; yet even this characterization is incomplete, for a certain presumptuousness or even arrogance is can also be discerned in the cases. The mentality can be deemed to be inherently unethical in itself, regardless of whether any ensuing sordid conduct ensues.

The book, Cases of Unethical Business, can be obtained in print or as an ebook at Amazon.com.

Monday, July 31, 2017

Institutional Conflicts of Interest: Business and Public Policy

Typically people react emotionally much more severely to an exploited conflict of interest when a person gains a personal benefit such as through a bribe. If company, or even an office or department thereof, stands to benefit inordinately, American society typically looks the other way on the institutional conflict of interest rather than taking it apart. This may just be human nature. However, the troubling institutional arrangements within an organization or between them may be tolerated because of the erroneous assumption that conflicts of interest are unethical only when they are exploited. Accordingly, the book provides a solid grasp of the structure and essence of the conflict of interest in order to make the case that it is inherently unethical. Examples of institutional conflicts of interest readily come from business, with particular attention to corporate governance and the financial sector, as well as from how business and government relate, such as through regulation The reader should come away with a sense of just how pervasive and ethically problematic institutional conflict of interests are. 


The book, Institutional Conflicts of Interest: Business and Public Policy, is available in print and as an ebook at Amazon.com

Monday, December 5, 2016

Young Japanese: An Early Verdict on Climate Change

Is the verdict in, and have we, mankind, lost our own self-inflicted climate battle? Is this what Japanese millennials were saying in 2016 when, according to a government survey, only 75 percent expressed interest in climate change, whereas close to 90 percent of the same age group (18-29) had expressed interest just a few years earlier?[1] Their intuition may have been the proverbial canary in the coal mine.
Midori Aoyagi, a principal researcher at the National Institute for Environmental Studies in Japan, reports that the young people in her focus groups “always felt a kind of hopelessness” toward their daily lives, their jobs, and social issues.[2] She suggests the pessimism might be “a result of having grown up during a prolonged period of economic stagnation known as the lost decades,” but this would not account for the drop from 90% to 75% in just a few years.[3] Interviews with Japanese aged 22 to 26 elicited a similar attitude. “These young people cited the huge scale and timeline of the problem, a feeling of powerlessness, silence from the media and preoccupation with more important issues.”[4] I want to unpack this revealing piece of evidence.
The huge scale and silence of the media, combined with the political power of the extant energy sector, whose financial benefits are grounded in the status quo, suggests that nothing short of sustained effort aimed at transitioning to clean energy could possibly suffice to obviate the worst of climate change in the decades to come. Not sensing such effort, as per the silence of the media, the young people may have intuited that their time would be more usefully spent on other societal problems, which still had a chance of being solved. To be sure, unforeseen technological developments could at least in theory still redeem the species in spite of its self-destructive urge for instant gratification. Yet without a hint of promise from the species' unique tool-making ability, the young people could not but sense a slipping away of the window for solving the climate-change problem. Indeed, because they could live to see the worst of climate change as it unfolds, the sense of hopelessness makes sense. So it is particularly telling for the rest of us that more of them were moving on to tackle other, more solvable societal problems.



[1] Tatiana Schlossberg, “Japan Is Obsessed with Climate Change. Young People Don’t Get It,” The New York Times, December 5, 2016.
[2] Ibid.
[3] Ibid.
[4] Ibid.

Monday, April 20, 2015

Anti-trust Enforcement in the E.U. and U.S.: Business, Government and Society

In 2014, the E.U. depended on Gazprom, a state-controlled Russian gas company, for one-third of the natural gas used in Europe. Meanwhile, Russia depended on the company for export-earnings. Moreover, both the E.U. and Russia view Gazprom from not only commercial vantage-points, but geopolitical ones as well. Both dimensions were in the mix as the European Commission weighed bringing anti-trust charges against the company in April 2015. At the time, the E.U.’s executive branch was already formally pursuing Google on anti-trust grounds. Relative to anti-trust enforcement in the U.S., the E.U.’s own represents a formidable attempt to open up competitive markets. We can generalize, in fact, to posit a more balanced “check and balance” between business and government in Europe.

Regarding the salience of geopolitics, the E.U.’s action could force Gazprom to “drop conditions with European utilities that restrict those utilities’ ability to share the gas with other countries.”[1] We need only recall Russia’s use of Gazprom to cut off natural gas to Ukraine in the midwinter “gas wars” in 2006 and 2009 to grasp the geopolitical weight on the Russian side of the “commercial transactions.” Even though an anti-trust action would also involve going after Gazprom for the more exclusively commercial practices of “thwarting its European customers’ efforts to diversity sources of supply, and . . . imposing unfairly high charges by linking gas prices to those of oil, rather than basing prices on global natural gas market rates,” the Commission’s decision-making process included the geopolitical element of Russia’s military involvement in Ukraine at the time. That is to say, going after even egregious commercial practices could have dire political consequences. Government regulation of business is not merely about market efficiency and effectiveness. In fact, Gazprom demonstrates just how salient geopolitics can be in the management of a company. 

In fact, government regulation is itself nestled in a broader social contract, even if implicit, between business and society. The greater a people’s ingestion of business values, the less likely is a government to pursue powerful companies on anti-trust grounds. Those companies may even have disproportionate influence politically. From this standpoint, the E.U.’s executive branch may seem biased.

For her part, Margrethe Vestager, the E.U.’s competition commissioner at the time, answered such criticism just prior to her visit to the U.S. In her view, going after Google for skewing search results in favor of its own shopping service is simply a matter of enforcing the law. “As enforcers, we build our cases on evidence and on interpretation of facts because the European Union as well as the United States is built on the rule of law.”[2] Although the definition of a market is different in the U.S., the relative dearth of anti-trust enforcement in the U.S. may have been her real message here. Rather than defending Google, Americans might see to it that their elected representatives represent constituents by pushing for more competitive and less oligarchic markets. 

To be sure, it is one thing for one government to go after a foreign company, and quite another for another government to go after a domestically-based company. It is also true, however, that a domestic company could have too much political leverage over its home government, especially if the societal values align with those in the business world. In the U.S., the relative value put on economic liberty and business values such as efficiency may ironically make anti-trust action in favor of more competitive (i.e., efficient) markets less likely; a pro-business society may actually be less favorable to the long-term best interests of a commercial system (while being more favorable to the more narrow interests of powerful companies).



[1] James Kanter, “Europe Is Expected to Charge Gazprom in Antitrust Case,” The New York Times, April 20, 2015.
[2] Jessica Guynn, “EU Enforcer Means Business,” USA Today, April 20, 2015.

Monday, August 11, 2014

The U.S. Producing More Oil: A Panacea or Obstacle?

The International Energy Agency projected in 2012 that a shale-oil boom would catapult the United States over the state of Saudi Arabia as the world’s largest oil producer by 2020. In the words of the Wall Street Journal, the global energy map was “being redrawn by the resurgence in oil and gas production in the United States.”[1] Although the United States would benefit in the period from the trajectory, the drawbacks should not be ignored. In fact, the trend could be harmful in the long term if preparedness for a world without oil is put off as a consequence.

On the plus side, producing more natural gas in place of coal to generate electricity reduces carbon-dioxide emissions from what they would otherwise have been.  The IEA has projected that natural gas will displace oil as the largest single fuel in the U.S. by 2030. In 2012 alone, carbon-dioxide emissions were down in the U.S. from 2011. In the first eight months of 2012, natural gas accounted for 31% of electricity generation, up from 24% in 2011. The question of whether more black gold is a good thing, even if produced at home, is considerably murkier. 

Drill baby drill, an expression used by Republicans in the election campaign of 2008, contains the combination of some immediate benefits, but also some risks. On the one hand, American demand for oil would not be so dependent on states in the Middle East, and would thus have a freer hand in foreign policy, should a greater proportion of oil consumed in the U.S. be extracted domestically. Already in 2012, the U.S. received less than 20% of its imports from the Persian Gulf region, whereas China received half of its oil imports from there. This trajectory could give the State Department more bargaining power with major oil producers in the Middle East, and even free up the $60 to $80 billion a year being spent by the U.S. to protect the Middle East sea lanes.

At the same time, drill baby drill risks reducing the energy problem facing the U.S. to one of insufficient oil drilled within the country’s borders. In fact, focusing on drilling more may be counter-productive if there is too much oil being consumed as it is. The relatively narrow aim could frustrate efforts to rely more on “clean energy” sources. Even on its own terms, the trajectory of increased domestic production is not all that one might suppose at first glance.

Demand continues to exceed domestic production throughout the period.

Even with the additional domestic production, the domestic demand, even given its drop of 8.4% in 2012 to 18.9 million barrels a day from 2011, was still projected at the time to be more than domestic production even in 2020. This suggests that oil imports—expected to be four million barrels a day from 10 million a day in 2012—would still be material and thus relevant to foreign policy. Economically, extraction in the U.S. is relatively expensive, and the prices are set globally, so more domestic production does not necessarily translate into lower prices. Indeed, the continuing dependence of the U.S. on at least some foreign production would still put at least some upward pressure on the prices of oil. Even this is not so simple. American oil companies extract oil around the world. In fact, after being kicked out of Iraq in 1993, the companies were invited to bid for leasing contracts in the wake of the U.S. invasion—a turn of events that certainly invites speculation on the Bush administration’s motive for invading Iraq.

In the long run, less pressure to develop alternative sources of energy in spite of the gap could make the United States vulnerable to a “day of reckoning” when oil finally does begin to run out. After taking office in early 2009, President Obama used the perception of energy scarcity and increasing concern about global warming to urge members of Congress to pass legislation capping greenhouse-gas emissions and to spend billions of dollars on green-energy companies. The Republican majority in the U.S. House and rising fiscal deficits compromised the president’s ventures. Opening up more off-shore water to oil drilling was a much easier, bipartisan, route. The expected surge in U.S. oil production to 11.1 million barrels a day in 2020 allowed the president to mend some fences with the Republicans in Congress and their corporate sponsors. It is a truism of sorts that it is always in the interest of both parties that more jobs be created, even by oil companies. That such companies have so massive treasuries to draw on to lobby and contribute to political advertising via “social welfare” non-profits means that the truism is doubtless being reinforced rather than subjected to critique. Indeed, the reduction of the energy problem to a need to drill, baby, drill was no accident.

In short, the benefits of increased domestic production may be muted, even provided that oil drilling within the borders of the United States is so much different than the extractions by American oil companies overseas. Moreover, the sense of greater self-reliance “complacency” was already easing pressure to enact policy in 2012 to reduce global warming. The record melting of ice at the North Pole during the summer that year should have been a wake-up call, but it could easily be drowned out by the cheer, drill baby drill!  Such attention on domestic drilling could be just the tangent that the people in denial on planetary warming had been seeking to thwart such policy as per the short- and medium-term financial interests of the extant oil companies. It may be indeed difficult for a democratically-elected representatives to orient policy to a long-term benefit even when there is a tail-wind. The prospect of tremendous profits at America’s oil giants represents a formidable head-wind, which of course means that more fuel—or self-discipline—will be necessary domestically.

1. Benoit Faucon and Keith Johnson, “U.S. Redraws World Oil Map,” The Wall Street Journal, November 13, 2012.

Tuesday, June 3, 2014

What We Know about Coal and Natural Gas: The EPA’s Coal Emissions Targets

Coal is the bad guy. At least it is the antagonist in the U.S. Environmental Protection Agency’s 645-page carbon-emissions plan unveiled in early June, 2014. In spite of the fact that the 30% reduction in CO2 emissions from the level in 2005 being set for 2030, critics showed their oligarchic focus on today by pointing to what the current likely costs would be. Electric bills increasing $4 or so a month in West Virginia. Lost jobs—as if the criteria of capital were also those of labor. In short, short-term inconveniences without a hint of the other side of the ledger. I submit that this is precisely the element in human nature that can be likened to the proverbial “seed of its own destruction” in terms of the future of our species. As menacing as such “reductionism to today” is, the assumption such as underlies the EPA’s proposal that coal is the definitive obstacle—and, furthermore—that we are not missing any other huge but invisible danger—is just as problematic from the standpoint of the species’s survival.

I have in mind the EPA’s projections by fuel type going out to 2030 from 2012. From 37% of the electricity generated in 2012, the comparable projected figure is 32% for 2013.[1] While at least the direction is downward in relation to the other fuel types, climatologists would doubtless say more of a drop is necessary to stave off more than a 2 degree C global increase.  As damning as this “ok but not good enough” scenario is pertaining to coal, the more damning feature of the report is that it may be very wrong about something it takes to be an improvement.

For example, the natural gas category is projected to go from 30% in 2012 to 35% in 2030[2]. That’s good, right, because it’s the clean gas. Not so fast. Independent empirical studies of leaks in Utah, L.A., and Washington, D.C. have shown much higher levels of methane escaping into the atmosphere than the 1% touted by the producers and adopted (without independent confirmation) by the EPA. In the observations, the actual percentages of leakage were double-digits. The problem is that the break-even point with coal in impacting global warming is 3 percent. Methane, which natural gas gives off before being burnt, turns out to have ten times the impact as coal.

My point is that even though by now we are used to the contingents that put today’s convenience above the risk to the future of the species, we don’t know what we don’t know, and this can be even more dangerous. In other words, what we assume to be a good thing may in actual fact be doing a lot of damage under our very eyes. We may not have a clue as to how what we are doing today is impacting the planet’s atmosphere. This may be one reason why scientists have repeatedly had to accelerate their projections of when the ice sheets would melt at the poles.

Human nature may be much more problematic from the standpoint of the species’s own survival than we know. Not only have 1.8 million years of natural selection engrained in us a focus on today (e.g., fight or flight) at the expense of tomorrow; we may be very wrong about stuff we assume we got right and yet be totally unaware of it. It is as though our species were a person with long hair who never bothers to use a mirror to make sure that the hair in back is brushed. The laugh is on that person, and yet she (or he) has no idea. The industrialists who are instinctively wetted to the status quo out of a desire for financial gain may just be the tip of the iceberg; we had better look underneath before it has totally melted.



[1] Wendy Koch, “EPA Carbon-Cutting Plan Could See Power Shift,” USA Today, June 3, 2014.
[2] Ibid.