A Philosopher's Blog

Local Control

Posted in Business, Environment, Ethics, Law, Philosophy, Politics by Michael LaBossiere on June 1, 2015

While casting Democrats as wanting to impose the power of big government, the Republicans profess to favor small government and local control. However, as J.S. Mill noted, people rarely operate on the basis of consistently applied principles regarding what the state should or should not do. As such, it is hardly surprising that Republicans are for local control, except when the locals are not doing what they want. Then they are often quite willing to use the power of the state against local government. One recent and clear example of this is the passage of laws in states such as Oklahoma and Texas that effectively forbid local governments from passing laws aimed at restricting fracking.

Even in oil industry friendly states such as Oklahoma, there have been attempts by local governments to impose restrictions on fracking. As might be imagined, having a fracking operation right next door tends to be disruptive—the lights, noise, heavy truck traffic and contamination are all concerns. In Oklahoma there is also the added concern of earthquakes that have been causally linked to disposal wells. Since places that did not have earthquakes before the wells were dug generally do not have earthquake resistant structures, these new quakes can pose threats to property and public safety.

In general, local governments have stepped in because the local people believed that the state government was not doing enough to protect the well-being of the local citizens. In general, state legislatures tend to be very friendly with the oil and gas industry—in part because they tend to make up a significant proportion of the economy of many states. While lobbying state legislatures is not cheap, it is obviously more cost effective to have the state legislatures pass laws forbidding local governments from acting contrary to the interests of the oil and gas industry. Otherwise, the industry would need to influence (or purchase) all the local governments and this would costly and time consuming.

Since I favor individual autonomy, it is hardly surprising that I also favor local autonomy. As such, I regard these laws to be wrong. However, considering arguments for and against them is certainly worthwhile.

One obvious set of arguments to deploy against these laws are all the general arguments that Republicans advance in favor of local control when the locals are doing what Republicans want them to do. After all, if these arguments adequately show that local control is good and desirable, then these arguments should apply to this situation as well. But, as noted above, the “principle” most follow is that people should do what they want and not do what they do not want them to do. Consistency is thus rather rare—and almost unseen when it comes to politics.

One argument in favor of having the state impose on the local governments is based on the fact that having a patchwork of laws is problematic. The flip side of this is, obviously, that having a consistent set of laws across the state (and presumably the entire country) is generally a good thing.

In the case of the regulation of the oil and gas industry, the argument rests on the claim that having all these different local laws would be confusing and costly—it is better to have laws for the industry that cover the entire state (and, to follow the logic, the entire country…or world). Interestingly, when the EPA advanced a similar argument for regulating water, the Republicans rushed to attack. Once again, this is hardly a shock: the patchwork argument is not applied consistently, just when a party wants to prevent local control.

Applied consistently, the patchwork argument certainly has its appeal. After all, it is true that having laws vary with each locality can be rather confusing and can have some negative consequences. For example, if the color of traffic lights was set by localities and some decided to go with different colors, then there would be problems. As another example, if some local governments refused to recognize same sex-marriage when it is legal in the state, this could lead to various legal problems (such as inheritance issues or hospital visitation rights). As such, there seem to be good reasons to have a unified set of laws rather than a patchwork.

That said, it can be argued that the difficulties of the patchwork can be outweighed by other factors. In general terms, one can always apply a utilitarian argument. If it can be shown that allowing local autonomy on a matter creates more good than the harm created by having a patchwork of laws, then that would be an argument in favor of local autonomy in this matter. In the case of local control of the gas and oil industry, this would be a matter of weighing the harms and the benefits to all those involved (and not just the oil and gas industry shareholders). I am inclined to think that allowing local control would create more good than harm, but I could be wrong about this. Perhaps the benefits to the state as a whole outweigh the damage done locally—that is, the few must sacrifice for the many (albeit against their will). But perhaps the many are suffering for the few stockholders, which would seem to be wrong.

Another moral argument worth considering is the matter of property rights. In the case of fracking, the oil and gas companies do own the mineral rights. As such, they do have legitimate property rights to the resources located under the property in question. However, the people who own the property above the minerals also have rights. These presumably include a right to safety from environmental contamination, a right to not have their property values degraded, a right to a certain quality of life in regards to noise and light, and so on for other rights. The moral challenge is, obviously enough, balancing these rights against each other. Working this out is, in the practical sense, a matter of politics.

Since local governments tend to be more responsive to locals than the state government, it could be argued that they would be biased against the oil and gas industry and hence this matter should be settled by the state to avoid an unfair resolution. However, it can be argued that state governments are often influenced (or owned) by the oil and gas industry. This would seem to point towards the need for federal regulation of the matter (assuming that the federal government is more objective)—which is something that Republicans tend to oppose, despite it being the logical conclusion of their argument against local control. Interesting, arguments advanced to claim that the federal government should not impose on the local control of the states would seem to apply to the local government. That is, if the federal government should not be imposing on the states, then the states should not be imposing on the local governments.

 

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  1. ajmacdonaldjr said, on June 1, 2015 at 11:34 am


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