Showing posts with label Biofuels. Show all posts
Showing posts with label Biofuels. Show all posts

Thursday, July 15, 2010

House Looking to Throw More (Bio)Fuel on the Green Trade Fire

Last week, I discussed how the rampant subsidization of "green industries" like US biofuels manufacturers, combined with increased US government efforts to increase exports, could lead to an onslaught of new trade cases in foreign markets or the WTO, as subsidized American "green" exports began to penetrate foreign markets and injure (or threaten) their competition.  Noting a new Australian anti-subsidy case against US biofuels, I said at the time:
Leaving aside the absurdity of a flat-broke nation subsidizing sketchy firms with borrowed money, stories like this have "future trade problem" written all over them. You see, cheap government loans to struggling domestic companies are a common example of an illegal (or "countervailable") subsidy under global trade rules. And, if Solyndra and Tesla survive (a big "if" from the looks of it), their exports to other nations that produce similar solar panels/electric cars would be very vulnerable to national trade remedies cases, just like those EU and Aussie cases against US biofuels. And if those cases result in new tariffs and copycat cases in other markets (a very common occurrence), these companies will lose precious foreign market share and, in some cases, could even go bankrupt entirely unless alternative markets quickly materialize. Big problem.

The US is simultaneously (i) throwing billions of tax dollars at companies like ADM, Cargill, Solyndra and Tesla through various agriculture and energy programs and (ii) pushing these companies' exports through the NEI. As I mentioned months ago, such a combination is a recipe for trade frictions and maybe even a bunch of new investigations of - and eventual tariffs on - US agricultural and "green energy" exports. So is the Australian biofuels case, and the EU one before it, a harbinger of bad things to come or just isolated instances caused by unique market conditions?
Well, according to The Hill, it appears that congressional Democrats are trying their darnedest to get us an answer to that question, but probably not in the way that most of us would have hoped:
House Ways and Means Chairman Sandy Levin (D-Mich.) hopes to put forward a bill next month that would provide tax incentives for creating green-energy jobs.
Details on the proposal have not been released, but extending the Section 48C program that provides a 30 percent tax credit for investments in manufacturing clean energy products could be included in the package.
For those of you who don't obsess over this stuff like, the "Section 48C" program was part of the Stimulus* bill and doled out about $2.3 billion in federal subsidies (through tax credits) to favored green energy manufacturers.  As the Energy Department explains, "[t]he Advanced Energy Manufacturing Tax Credit (MTC) was authorized in Section 1302 of ARRA....  The goal of the MTC is to grow the domestic manufacturing industry for clean energy, thereby supporting the larger goals of ARRA to stimulate economic growth, create jobs, and reduce greenhouse gas emissions.  In short, the MTC will help secure American leadership in the clean energy sector."  DOE's website also has a handy list of eligible industries, which, coupled with statements like the one above, would make any foreign or WTO case against US exports subsidized by this program pretty easy.  (For a primer on the elements of an illegal - or "countervailable" subsidy - go here.)

So to recap: many US "green" exports are already vulnerable to foreign and WTO anti-subsidy cases; two such cases already exist against US biofuels; and yet House Dems want to double-down on this recipe for trade trouble.

I guess they don't call this the "silly season" for nuthin'.

Fortunately, aforementioned article in The Hill also notes that the House measure will face a steep hurdle in the Senate, so maybe we're safe for now from another round of illegal, counterproductive and debt-financed subsidies to the administration's chosen "green" manufacturers.  But if the economy stays in the toilet through the end of the year, you can bet the house that more of this nonsense will re-emerge in 2011.

Wednesday, June 23, 2010

Australia Investigates US Biofuels Exports: A Sign of Things to Come?

Because of the US-Brazil cotton dispute, the irrationality of American agriculture subsidies and their problems under global trade rules have been in the spotlight a good bit lately.  But now that the dispute has been "resolved" (for now), it seemed that - much to the pleasure of US agribusiness and their congressional patrons - things would be quieting down on the ag-subsidy/trade front.  Well, recent news out of Australia could thwart those plans and make for a rougher-than-expected summer, as Law360 explains:
The Australian government has decided to probe allegations that U.S. companies are dumping biodiesel in the country and benefiting from subsidies, a year after the European Union imposed anti-dumping duties on U.S. biodiesel producers including Archer Daniels Midland Co. and Cargill Inc.

The Australian Customs and Border Protection Service said in a report Monday that it was investigating a complaint by a domestic company, Biodiesel Producers Ltd., that biofuel from the U.S. had been exported to the country at dumped prices.

According to the report, Customs believes there are reasonable ground to support the claim that U.S. biodiesel is being dumped in Australia and that the U.S. industry is receiving countervailable subsidies.

There also appear to be reasonable grounds to support the claim that the dumping and subsidies have injured the Australian market by causing lost sales and market share, price undercutting, and loss of employees, Customs said.

The report estimated the dumping margins for U.S. biodiesel at 38 percent in January 2009 and 26 percent in February 2010.

It also described tax credits available to U.S. biodiesel producers as countervailable subsidies, which amounted to 40 percent of the estimated export price.

Customs wrote to the U.S. government about the allegations on June 7, but did not get a response, according to the agency....

Customs will now conduct a formal investigation and decide whether to recommend that the Australian government impose anti-dumping and countervailing duties on the U.S. products. The minister for home affairs has the final authority to impose the duties.

In July, the EU imposed five-year anti-dumping and countervailing duties on imports of biodiesel from the U.S....

The tariffs counter an American subsidy of $1 per biodiesel-gallon to producers of blended biodiesels. U.S. exporters commonly export biodiesel in a B99 blend — 99 percent biodiesel and 1 percent petroleum diesel — in order to take full advantage of the subsidy, according to the EC.

These subsidies allow biodiesel companies to capture a 17.2 percent share in the European market, compared with 0.4 percent in 2005, at the expense of European producers, according to the commission.

ADM was hit with countervailing duties of €237 a ton and an anti-dumping duty of €68.60 a ton, while Cargill was given anti-dumping duties of €213.80 a ton and an anti-dumping levy of zero.
As the article makes clear, this is the second trade action against American biofuels exports, and if the EU case is any guide, an Aussie finding that the US illegally subsidizes biofuels exports appears pretty likely.  (They still have to prove injury or threat of injury before imposing remedial tariffs on those products, of course, but that's entirely case-specific so we can't really speculate about it.)  So with two trade investigations of American biofuels exports, you'd think that the Obama administration and Congress might begin to recalibrate US biofuel policies - particularly when those policies have come under intense scrutiny for a lot of other non-trade reasons (like the fact that corn ethanol is really inefficient and might actually harm the environment).

Well, folks, think again:
June 23, 2010 - Agriculture Secretary Tom Vilsack today released a report outlining both the current state of renewable transportation fuels efforts in America and a plan to develop regional strategies to increase the production, marketing and distribution of biofuels. The report provides information on current production and consumption capacities as well as projections to meet the Renwewable Fuels Standard (RFS2) mandate to use 36 billion gallons of biofuel per year in America's fuel supply by 2022.

"The Obama Administration has made domestic production of renewable energy a national priority because it will create jobs, combat global warming, reduce fossil fuel dependence and lay a strong foundation for a strong 21st Century rural economy, and I am confident that we can meet the threshold of producing 36 billion gallons of biofuel annually by 2022," Vilsack said. "The current ethanol industry provides a solid foundation to build upon and reach the 36 billion gallon goal. As we prepare to celebrate Independence Day, we must reaffirm our commitment to bring our country closer to complete energy independence and this report provides a roadmap to achieve that goal."...

The report provides data on the significant impact the ethanol industry will have on job creation. It is estimated that as many as 40 direct jobs and additional indirect jobs are created with each 100-million-gallon ethanol facility built. USDA plans to adopt regional strategies that allow the placement of biorefineries in areas of economic distress through the leveraging of regional resources for transportation, labor and feedstocks. The regional strategy provides greater potential for economic benefit.
Yes, you read that correctly.  Instead of reevaluating problematic US biofuels policies, the Obama administration is doubling-down.  And in case you're wondering, USDA's new report (available here) - while chock-full of discussion about the need for existing and planned "incentives" (read: subsidies) for corn ethanol and other biofuels - completely fails to mention the potential for trade infractions and the significant duties on US exports that they can produce.  Yep, nary a mention of those EU tariffs, the new Australian investigation, or other possible trade cases.  Such non-reporting is particularly, umm, interesting, considering the administration's single-minded obsession with expanding US exports as part of its National Export Initiative.

Odd that they wouldn't mention that, huh?

Now, the administration's selective memory aside, all of this news raises broader and more important questions - ones that I've raised in the past - about the future of US biofuels subsidies, as well as other "green energy" policies that could produce similar trade frictions, particularly now that the President is determined to double US exports by 2015 under NEI.  For example, consider this story from today's Wall Street Journal:
Through the Department of Energy, [the US government]'s guaranteeing loans to clean-energy companies. But the loan program's success depends on the viability of firms involved. And a closer look at two big recipients reveals some of the risks in store for taxpayers.

First, take Solyndra, which makes solar-energy panels for commercial rooftops, and has a $535 million government-guaranteed loan. Solyndra's chief selling point is its cylindrical panel-design, which is said to reduce installation costs for users. However, there is no shortage of solar-panel manufacturers, and the prices of flat polysilicon panels have already plunged, boosting their affordability.

There are doubts about Solyndra itself. Despite the cheap government loan, Solyndra last week withdrew plans to do a $300 million initial public offering. It decided instead to sell $175 million of debt to existing investors. The IPO cancellation wasn't unexpected. In its IPO registration, Solyndra's auditor said that the company's weak financial performance raised "substantial doubt about its ability to continue as a going concern."

What is more, Solyndra has applied for a second government-backed loan, of $469 million, to help expand its manufacturing capacity. The company said that, if it doesn't get the second loan, it intended to raise financing from other sources that included the now-cancelled IPO....

Next, consider electric car maker Tesla Motors, which has a $465 million government-backed loan and is expected to do an IPO at the end of this month. The company will stop producing the vehicle it became known for, the Roadster sports car, and focus instead on a premium sedan called the Model-S. This car's selling point is that, according to Tesla, it will be able to travel up to 300 miles per-charge-a far higher "range" than other manufacturers are claiming for their electric cars. Tesla says it hasn't actually based its range projections on a working Model-S prototype but on internal computer models. And, according to its IPO filing, potential new government testing standards could result in a 30% cut to Tesla vehicles' advertised ranges.
Leaving aside the absurdity of a flat-broke nation subsidizing sketchy firms with borrowed money, stories like this have "future trade problem" written all over them.  You see, cheap government loans to struggling domestic companies are a common example of an illegal (or "countervailable") subsidy under global trade rules.  And, if Solyndra and Tesla survive (a big "if" from the looks of it), their exports to other nations that produce similar solar panels/electric cars would be very vulnerable to national trade remedies cases, just like those EU and Aussie cases against US biofuels.   And if those cases result in new tariffs and copycat cases in other markets (a very common occurrence), these companies will lose precious foreign market share and, in some cases, could even go bankrupt entirely unless alternative markets quickly materialize. Big problem.

The US is simultaneously (i) throwing billions of tax dollars at companies like ADM, Cargill, Solyndra and Tesla through various agriculture and energy programs and (ii) pushing these companies' exports through the NEI.  As I mentioned months ago, such a combination is a recipe for trade frictions and maybe even a bunch of new investigations of - and eventual tariffs on - US agricultural and "green energy" exports.  So is the Australian biofuels case, and the EU one before it, a harbinger of bad things to come or just isolated instances caused by unique market conditions?

Only time will tell, but if I had to bet on it, my money'd be on the former.

Friday, May 7, 2010

Friday Quick Hits: Headlines Edition

I have a lot to share, so it's headlines-only today.  Yes, yes, I know: I'm lazy.  But hey, you're still getting your money's worth in this deal.

Wednesday, April 21, 2010

Wednesday Quick Hits

There's been a flurry of noteworthy activity over the last couple days, so let's get right to it:
  • Spreading your and my wealth to the world's cotton farmers.  As I noted a week ago, the United States avoided about $830 million in Brazilian trade sanctions by giving Brazil's cotton farmers about $150 million in annual hush money"technical assistance," instead of just eliminating the WTO-illegal US cotton subsidy programs that caused the whole mess in the first place.  Well, apparently USTR wasn't content with bribingsubsidizing only Brazilian farmers because it announced today that this slush fund can also provide US taxpayer money to farmers in Africa, Haiti, and, well, everywhere else.  So instead of reforming our own bloated ($2.8 billion/year), trade-distorting and WTO-inconsistent farm subsidies, we've decided to just subsidize everyone on the planet.  Problem solved!  Final note: Inside US Trade reports that Brazilian retaliation levels will balloon to more than $1 billion later this year, based on 2009 US subsidy amounts and the standard WTO calculation methodology.  Oh, goody.
  • And speaking of Brazil and awful American subsidies....  BNA reports (subscription) today that Sens. Chuck Grassley (R-IA) and Kent Conrad (D-ND) introduced new legislation (S. 3231) to extend through 2015 a whole host of ethanol subsidies (volumetric ethanol excise tax credit, or the blenders' credit; the small ethanol producers tax credit; the cellulosic producers tax credit) and the 54-cent-per-gallon tariff on imported ethanol.  NRO's Kevin Williamson sums up this awesome subsidy/tariff combo best: "Ethanol users are paying a tax penalty to provide a tax break to ethanol producers.  How does that make sense, if using ethanol is a good and worthwhile thing that we want to encourage?  It does not make sense.  Government logic: Ethanol is so important, so green, and so wonderfully job-creating, that we have to give it enormous tax subsidies to maximize the benefits of using it.  And it is so very important… that we have to use punitive import tariffs to keep Americans from maximizing the benefits of using it, if the profits are not captured by our political constituents."  Nice.  The only thing Kevin leaves out, however, is that Brazilian producers of low-cost, cleaner-burning sugar ethanol are howling mad at this development, and justifiably so.  First, as I mentioned a while ago, new US renewable energy standards had given sugar ethanol preferred status in the US biofuels market, something Brazilian producers were very excited about.  Second, Brazil earlier this month announced the elimination of its own tariff on imported ethanol as a good faith sign of support for free global trade in biofuels.  So in one fell swoop, the Grassley/Conrad tariff destroys the benefits of point 1 and spits in the face of point 2.  Classy.
  • Senators Schumer and Graham were, unsurprisingly, unavailable for comment.  The US-China Business Council released today its annual report on US exports to China, broken down by state.  The USCBC press release notes that 19 states exported over a billion dollars in American products in 2009, and that "China is the third-largest US export market, after Canada and Mexico, with $69.6 billion in sales during 2009, down just 0.2 percent over 2008--by far the best record for a major US export market in 2009.  US exports to the rest of the world combined fell nearly 20 percent in 2009."  Cato's Dan Griswold adds, "The USCBC figures tend to undercut complaints that China’s currency policies have stymied U.S. exports to that country.  In fact... since 2005, U.S. exports to China have been growing three times faster than our exports to the rest of the world."  I'd only add that, according to the USCBC study, New York (home to Sen. Chuck Schumer) exported $2.44 billion to China in 2009, second highest ever, and South Carolina (home state of Sen. Lindsay Graham) exported $869 million in the same year, the most ever for that state.  No wonder these guys want to start a trade war with China!  Oh, wait....
  • Great news!  US international labor negotiations will be run by long-time AFL-CIO director!  Wait, what?  The Hill reports (emphasis mine) that "Cathy Feingold has been named by the AFL-CIO as its new director of international affairs, beginning June 1.  She follows Barbara Shailor, who is headed to the State Department to serve as special representative for international labor affairs."  Some of Shailor's past work can be seen here and here.  As you can see, she'll be an unbiased American advocate for free trade, economic growth and global development.  Or not.  (More on the new American approach to trade and labor standards is available here.)
  • And finally, a Cotton/Farm subsidy palette cleanser to make you feel a tiny bit better about America.   Just so you leave here tonight with the warm-fuzzy knowledge that not everyone on Capitol Hill is willing to disregard global trade rules because he/she's in the bag for American agribusiness, I give you this great video of Rep. Jeff Flake (R-AZ) (h/t Andy Roth):



    See?  They're not all bad... and Jeff Flake's definitely one of the good ones.
That's all for tonight, folks.

    Monday, January 11, 2010

    Adversary Economics, ctd.

    Two points I failed to mention in last night's critique of President Obama's adversarial approach to international economics:

    (1) Adversary Economics has been a consistent theme for this President.  Indeed, in his February 2009 speech to a joint session of Congress (aka fake State of the Union Address), Obama spoke in very similar "us versus them" terms:
    We know the country that harnesses the power of clean, renewable energy will lead the 21st century. And yet, it is China that has launched the largest effort in history to make their economy energy efficient. We invented solar technology, but we’ve fallen behind countries like Germany and Japan in producing it. New plug-in hybrids roll off our assembly lines, but they will run on batteries made in Korea.

    Well I do not accept a future where the jobs and industries of tomorrow take root beyond our borders – and I know you don’t either. It is time for America to lead again.

    (2) US green subsidy programs do produce one thing other than "fraud, corruption and immense lobbying bills": boatloads of harmful unintended consequences.  I've mentioned this fact repeatedly in earlier blog posts, so I'm annoyed at the initial oversight.  But it does give me an opportunity to point out another ridiculous case of green subsidies' awful unintended consequences, as noted in a fantastic article on new biomass subsidies from Sunday's Washington Post:
    It sounded like a good idea: Provide a little government money to convert wood shavings and plant waste into renewable energy.

    But as laudable as that goal sounds, it could end up causing more economic damage than good -- driving up the price of raw timber, undermining an industry that has long used sawdust and wood shavings to make affordable cabinetry, and highlighting the many challenges involved in decreasing the nation's dependence on oil by using organic materials to create biofuels.

    In a matter of months, the Biomass Crop Assistance Program -- a small provision tucked into the 2008 farm bill -- has mushroomed into a half-a-billion dollar subsidy that is funneling taxpayer dollars to sawmills and lumber wholesalers, encouraging them to sell their waste to be converted into high-tech biofuels. In doing so, it is shutting off the supply of cheap timber byproducts to the nation's composite wood manufacturers, who make panels for home entertainment centers and kitchen cabinets.

    While it remains unclear whether Congress or the Obama administration will push to revamp the program, even some businesses that should benefit from the subsidy are beginning to question its value....

    The new subsidy provided a critical boost to an industry that took off in the late 1970s after the federal government mandated that utilities obtain part of their supply from independent power producers. Many of these contracts have now expired, leaving the industry struggling to compete in light of low natural gas prices and higher wood costs.

    The future of the biomass program -- which will eventually include a subsidy to get farmers to grow crops such as switchgrass and an array of trees and shrubs -- could be determined by the Office of Management and Budget, which has been reviewing the federal rule for the program since September. In the meantime, federal money has started to flow: The administration sent $23 million to the state offices of the Farm Service Agency in the fall, and is poised to distribute another $514 million.

    Biomass energy representatives, such as the Biomass Power Association president, Bob Cleaves, said those subsidies are critical to support a sector that currently supplies half of the nation's renewable energy (the other half coming from wind, solar and other sources). Seven of Maine's 10 biomass energy plants would have shut down without the new influx of funds, he said.

    "The industry needs help," Cleaves said. "Is the country not prepared to spend half a billion dollars on half the country's renewable energy resources?"

    The Agriculture Department, for its part, says it has no choice but to implement the subsidy the way Congress envisioned it under the 2008 farm bill. That legislation made no distinction between a waste product with little market value, such as corn husks, and the sawdust that sells for roughly $45 a dry ton.

    Farm Service Agency Administrator Jonathan Coppess said his agency is strictly adhering to the statute's language and intentions. "We understand that policymaking, legislation and rule making are perfecting processes, not perfect processes, and we look forward to providing the best regulation possible to implement an important program with significant potential to benefit our national energy and agricultural economies," Coppess said in a statement....

    The federal government can provide up to $45 a ton in matching payments to businesses that collect, harvest, store and transport biomass waste to an authorized energy facility. That means sawdust or wood shavings may be twice as valuable if a lumber mill sells them to a biomass energy company instead of to a traditional buyer.

    This is bad news for the composite panel industry, which turns these materials into particleboard and medium-density fiberboard, and outranks the U.S. biomass industry in terms of employees and economic impact, with 21,000 employees and annual sales of $7.9 billion, according to 2006 U.S. Census data.

    The biomass subsidy program could "wipe us out," said T.J. Rosengarth, the vice president and chief operating officer of Flakeboard, the largest composite panel producer in North America. "You can say, 'I've made more alternative energy,' but at what expense?"

    The much larger pulp, paper, packaging and wood products industry, which ranks among the top 10 manufacturing employers in 48 states, is just as worried. The American Forest and Paper Association sent a letter to OMB on Oct. 27 warning that the biomass program "could have the unintended consequence of jeopardizing the forest products industry and the many jobs it sustains, as well as the significant quantities of renewable energy it produces."

    I don't know about you, but my favorite part is the bureaucratic buck-passing.  Fantastic.

    (H/T Phil Levy)

    Sunday, January 10, 2010

    The Problems with Obama's "Adversary Economics"

    Over at the International Economic Law and Policy Blog, Simon Lester points out a recent speech by President Obama announcing billions in Stimulus* funding (read: targeted subsidies) for "green manufacturing" projects in the United States.  Here's Bloomberg reporting on the announcement:
    The Obama administration today announced that 183 companies, including PPG Industries Inc. and Itron Inc., will get a total of $2.3 billion worth of tax credits for clean-energy manufacturing projects in 43 states.

    The tax credits are part of the $787 billion stimulus President Barack Obama pushed through Congress last year, and announcement of the companies that got the credit coincides with a Labor Department report that the U.S. lost 85,000 jobs in December....

    “Building a robust clean-energy sector is how we will create the jobs of the future -- jobs that pay well and can’t be outsourced,” Obama said in remarks today at the White House.

    Obama said that, while the U.S. has “pioneered the use of clean energy,” it is being “outpaced” by countries including China, Germany and Japan.

    “I don’t want the industries that yield the jobs of tomorrow to be built overseas,” he said. “I don’t want the technology that will transform the way we use energy to be invented abroad.”
    The full text of the President's remarks are here, and they leave Lester wondering, to paraphrase, (i) whether a "competitive" approach to green manufacturing is the right one, or (ii) whether a better policy would be one focused on international cooperation and domestic consumption, rather than (assisted) production.

    Well, please allow me to answer those questions with a resounding NO and YES.  Indeed, I see at least four big problems with the President's approach - all of which would be remedied by Lester's suggested alternative. 

    (1) We stink at subsidizing green projects.  Leaving aside the fundamental issue of whether the federal government should (or may) force US taxpayers to subsidize certain industries, the US Government has proven itself completely incapable of picking winners and losers in the green energy field.  From President Carter's $20 billion (54 billion in 2009 dollars) boondoggle, the disbanded Synthetic Fuels Corporation, to more recent disasters with ethanol and other biofuels, the lesson is clear: we absolutely suck at trying to predict and subsidize the US energy market.  And despite blowing billions and billions of taxpayer dollars on "energy independence" and "green" policies, the only thing these programs have actually produced is fraud, corruption and immense lobbying bills.

    (2) An "adversarial" approach to manufacturing and trade policy defies 21st century economic realities.  Even if the US government were able to "successfully" subsidize green industries without all the graft and excess, the President's "us versus them" approach ignores the modern realities of globalized supply chains and their immense benefits.  As Cato's Dan Ikenson recently wrote:
    During the past few decades, a truly global division of labor has emerged, presenting opportunities for specialization, collaboration, and exchange on scales once unimaginable. The confluence of falling trade and investment barriers, revolutions in communications and transportation, the opening of China to the West, the collapse of communism, and the disintegration of Cold War political barriers has spawned a highly integrated global economy with vast potential to produce greater wealth and higher living standards.

    The factory floor is no longer contained within four walls and one roof. Instead, it spans the globe through a continuum of production and supply chains, allowing lead firms to optimize investment and output decisions by matching production, assembly, and other functions to the locations best suited for those activities. Because of foreign direct investment, joint ventures, and other equity-sharing arrangements, quite often "we" are "they" and "they" are "we." And because of the proliferation of disaggregated, transnational production and supply chains, "we" and "they" often collaborate in the same endeavor. In the 21st century, competition is more likely to occur between entities that defy national identification because they are truly international in their operations, creating products and services from value-added activities in multiple countries. There is competition between supply chains, but only after there is cooperation and collaboration within supply chains.
    Indeed, Lester's original blog post points out some of this cooperation, citing a new joint venture between California-based eSolar Inc. and China's Shandong Penglai Electric Power Equipment Manufacturing Co., in which eSolar will provide the technology and information for Shandong to build concentrated solar thermal power farms.  And I've noted a similar cooperative effort at a Texas wind farm that used German turbines assembled at a Chinese plant that was 75% owned by GE.  So a simplistic and archaic approach of tossing taxpayer cheese at "American" companies so they can beat "foreign" companies utterly ignores current market realities and their myriad benefits for global consumers (and in this case, the planet).

    Finally, even when "their" successes aren't part of a cooperative effort, the idea that Americans won't benefit from other countries' advances reflects debunked ideas from a bygone era. As GMU economist Tyler Cowen recently noted:
    To the extent that the rest of the world becomes wealthier, there’s more innovation, as my colleague and co-blogger Alex Tabarrok, professor of economics at George Mason University, argued recently. China, for instance, is moving toward the research frontier in areas such as solar power, scientific instruments, engineering and nanoscience, all of which can benefit the United States. Unlike the situation of just a few decades ago, a genius born in Mumbai now stands a good chance of becoming a notable scientist, whether at home or abroad.

    It might be pleasant to boast that America is — or should be — a world leader in every area, but the practical reality is that if some other country solves the problem of green energy, so much the better for us.

    The subtler point is that a wealthier China, India, Brazil and Indonesia will lead to more customers for new innovations, thereby producing greater rewards for successful entrepreneurs, no matter where they live. There are so many improvements in cellphones these days because there are so many cellphone customers in so many countries.

    To put it bluntly, if the United States takes one step back and the rest of the world takes two steps forward, even in purely selfish terms we should consider accepting the trade-off, if only for the longer run. Most of us gain from the wealth and creativity of other countries, even if we can’t always feel like the top dog.
    Unfortunately, it seems that President Obama, with his constant talk of "falling behind" and being "outpaced" or "outsourced," completely fails to grasp these most basic of modern economic concepts.  Instead, he wants to spike "our team's" Gatorade so it can beat the teams of China, Germany, Japan, Korea and elsewhere.  Yet it's silly to think that US government juice can outstrip the exponential benefits of global competition and collaboration, or that another country's successes won't benefit America too.  So while "adversary economics" might make for good soundbites, it has no place in serious economic policy.

    (3) The President's approach unnecessarily exposes targeted products to remedial tariffs in key export markets.  Just like steroids can get a professional baseball player suspended, illegal government subsidies can stifle exports of subsidized products.  Under national "countervailing duty" (CVD) or WTO anti-subsidy rules, a "subsidy" is a "financial contribution" (including tax breaks) by a government that "benefits" the recipient of the financial contribution.  If the subsidy is "specific" to an enterprise or industry (or group of enterprises or industries) and it harms other countries' commercial interests, a country may impose tariffs on exports of the subsidized product.  (Note: this is a very simplistic explanation of the law, but it'll do for this blogpost.)  Although I certainly can't be sure from a speech and newspaper article, the tax credits described by Obama appear to be billions of dollars in "countervailable" (national laws) or "actionable" (WTO rules) subsidies to the listed companies.  Thus, even if Obama's new programs are actually successful in boosting US production and exports of green products, those exports could very well get hit with countervailing duties or WTO-sanctioned tariffs because they benefited from "illegal" US subsidies.  In other words, the President's new green program could actually negate targeted manufacturers' ability to compete in foreign markets.  Awesome, huh?

    (4) The President's adversarial approach breeds protectionist sentiment at home and abroad.  When the President of the United States constantly describes US trade and economic policies as a competition between "our" companies versus "their"companies, he creates - intentionally or not - a political environment wholly conducive to protecting "our" guys at any cost (including by violating global trade rules).  Indeed, the difference between subsidizing US manufacturers to give their products a competitive advantage over similar Chinese goods and enacting tariffs on those Chinese goods to create a similar advantage is mere semantics.  Both involve distorting markets to unfairly benefit domestic manufacturers - with taxpayers/consumers footing the bill (of course!).  And when the President justifies subsidies by claiming that they are necessary to compete with foreign goods, he also justifies market-distorting tariffs to accomplish the same goal.

    Moreover, this sentiment also can easily spill over to the general public.  Americans are generally split about free trade, and recent surveys indicate that public opinion is pretty pliable on the subject.  So when our leaders proudly pursue "us versus them" economic policies, it's not difficult to imagine such rhetoric infecting the general public.

    The President's adversarial approach can also lead to reciprocal protectionism in foreign markets.  If the United States subsidizes its own industries as part of a race against foreign countries, those countries might feel pressured (or be lobbied) to subsidize their own industries in an attempt to keep up.  And any US efforts to curtail these and other foreign subsidies would be undermined by the United States' own rampant subsidization.  (Of course, US subsidization of favored industries also begs the question of how Democratic Senators and Congressmen can scream about unfair Chinese subsidies with a straight face, but that's a story for another time.)

    In the alternative, the President's adversarial approach could make foreign countries more likely to challenge US subsidies at the WTO or to initiate CVD investigations of US exports.  A cooperative approach would eliminate such motivations, as their commercial interests would be co-mingled with ours.

    So to recap: the President's adversarial approach to green manufacturing (i) repeats past failed experiments with green subsidies; (ii) ignores the realities modern global trade and economics; (iii) exposes US exporters of green products to anti-subsidy tariffs in key foreign markets; and (iv) condones and expands protectionist sentiment in the United States and elsewhere, while undermining US efforts to discipline global subsidy use.

    But other than that...

    (H/T Tom Welch)

    Tuesday, October 6, 2009

    Biofuels Update: GAO Dips Its Pinky Toe Into The Pool Of Unintended Consequences; Sen. Grassley Screams "Everybody Out!"

    The Government Accounting Office released a new report on ethanol subsidies, and its fiscal findings are only surprising to those not paying attention.   Oil  & Gas Journal has the report's highlowlights:
    A federal tax credit of 45¢/gal established to help the domestic ethanol industry probably won’t stimulate production beyond levels that new renewable fuels standards specify for this year unless oil prices climb significantly, the Government Accountability Office said.

    The Volumetric Ethanol Excise Tax Credit also may no longer be needed to stimulate US corn-based ethanol production because the industry has matured, its processing is well understood, and its production capacity is already near the effective RFS limit of 15 billion gal/year, GAO said in a report issued on Oct. 2....
    In other words, the GAO has concluded that in the current energy market, millions of dollars of taxpayer funds used to support ethanol production are being completely wasted (unless of course, you're the guy receiving that money!).  Shocking, I know.  More interesting than the fiscal findings, however, are GAO's conclusions regarding the long-term environmental impact of US biofuels production:
    GAO said for agriculture, many experts believe biofuel production has contributed to crop increases as well as higher prices for livestock, poultry, and, to a lesser extent, food. “They believe that this trend may continue as the RFS expands,” it said.

    “For the environment, many experts believe that increase biofuels production could impair water quality by increasing fertilizer runoff, and also reduce water availability, degrade air and soil quality, and adversely affect wildlife habitat,” the report said.

    “However, the extent of these effects is uncertain and could be mitigated by such factors as improved crop yields, feedstock selection, use of conservation, and improvements in biorefinery processing,” it added.

    GAO said except for greenhouse gas emissions, EPA currently is not required by law to assess environmental effects to determine which biofuels are eligible for inclusion in the RFS.

    GAO said many researchers interviewed for the report suggested there is general agreement on the approach for measuring biofuels production’s direct effects on lifecycle GHG emissions but disagreement about how to estimate the indirect effects on global land use change, which EPA is required to assess in determining RFS compliance.

    “In particular, researchers disagree about what nonagricultural lands will be converted to sustain world food production to replace land used to grow biofuels crops,” it said....

    The report recommended that in addition to the GHG emissions analysis required under EISA, Congress may want to consider requiring the EPA administrator to develop a strategy assessing the effects of increased biofuels environment on all stages of the lifecycle (cultivation, harvest, transportation, conversion, storage, and use) and to use this assessment to determine which biofuels are eligible for consideration under the RFS. “This would ensure that all relevant environmental effects are considered concurrently with lifecycle [GHG] emissions,” GAO said.
    In other words, the GAO is recognizing that biofuels production might have significant, unintended consequences that could outweigh its direct environmental benefits.  Pretty cool, huh?  Even cooler: if the EPA were to follow the GAO's recommendations, it would for the first time assess "all relevant environmental effects" of ethanol production during all stages of production and use.  That would be great news, and it's about time, considering many experts have been screaming about ethanol's environmental problems for years.

    Unfortunately, the US ethanol industry and its very powerful friends in Congress are going to bury this GAO report faster than you can say "corn."  For example, here's a press release from the office of Senate Finance Ranking Member Charles Grassley (R-IA) on the GAO Report:
    Senator Chuck Grassley today released the following comment after a Government Accountability Office report suggested that the ethanol production tax credit should be revisited. Grassley has long been one of the most outspoken advocates in Congress for developing domestically produced alternative, renewable energy such as ethanol. Grassley is the ranking member of the Senate Finance Committee, which has jurisdiction over federal tax policy, and one of two working family farmers in the United States Senate.

    “Home-grown ethanol is the shining star in our efforts to reduce our dependence on dirty, imported fossil fuels. It would be short-sighted to shoot ourselves in the foot and end a tax credit that helps ensure that the Renewable Fuels Standard we in Congress enacted is a floor and not a ceiling for ethanol use. This tax credit helps ethanol producers increase efficiencies and production methods as they move toward the development of the next generation of biofuels. Ethanol remains relatively new, especially when you compare it to the oil industry, which has been around for 100 years and still receives extensive government support.”

    Grassley, of course, is from Iowa, which has both the highest ethanol capacity and production in the country.  My not-so-bold prediction is that Senator Grassley will have plenty of company in Congress, and that most every politician from the top-producing ethanol states (see link above) will loudly protest the GAO report and its recommendations.

    Ain't politics grand?

    Sunday, August 30, 2009

    Biofuels: A Lesson in Government Failure

    Friday's WSJ had a riveting article on the horrid state of America's biofuels producers. The authors ruin the suspense and lead with the conclusion: "The biofuels revolution that promised to reduce America's dependence on foreign oil is fizzling out." Shocking, I know. But that revelation aside, the article is quite valuable because it's a veritable encyclopedia of the ways that Government fails when trying to intervene in the free market.

    Let's count the ways, with quotes (not in order) from this must-read piece:

    1) Government subsidies cause producers to ignore market signals and overproduce.
    Two-thirds of U.S. biodiesel production capacity now sits unused, reports the National Biodiesel Board. Biodiesel, a crucial part of government efforts to develop alternative fuels for trucks and factories, has been hit hard by the recession and falling oil prices.
    ...

    Earlier this year, GreenHunter Energy Inc., operator of the nation's largest biodiesel refinery, stopped production and in June said it may have to sell its Houston plant, only a year after politicians presided over its opening. Dozens of other new biodiesel plants, which make a diesel substitute from vegetable oils and animal fats, have stopped operating because biodiesel production is no longer economical.

    Producers of next-generation biofuels -- those using nonfood renewable materials such as grasses, cornstalks and sugarcane stalks -- are finding it tough to attract investment and ramp up production to an industrial scale.
    2) No amount of Government cash can protect favored industries from the market's cold realities, but it can endlessly waste taxpayer money by propping up failing business models.
    The global credit crisis, a glut of capacity, lower oil prices and delayed government rules changes on fuel mixes are threatening the viability of two of the three main biofuel sectors -- biodiesel and next-generation fuels derived from feedstocks other than food. Ethanol, the largest biofuel sector, is also in financial trouble, although longstanding government support will likely protect it.
    3) Government intervention encourages fraud and abuse by those seeking to game the system.
    The sector suffered a major setback this summer after a federal jury ruled that Cello Energy of Alabama, a plant-fiber-based biofuel producer, had defrauded investors. Backed by venture capitalist Vinod Khosla, Cello was expected to supply 70% of the 100.7 million gallons of cellulosic biofuels that the Environmental Protection Agency planned to blend into the U.S. fuel supply next year. The alleged fraud will almost certainly prevent the EPA from meeting its targets next year, energy analysts say.

    ...

    When seeking investors for Cello Energy in 2007, Jack Boykin, an entrepreneur with a background in biochemistry, said Cello had made diesel economically in a four-million-gallon-a-year pilot plant from grass, hay and used tires. What's more, he told investors he had successfully used the fuel in trucks, according to testimony in a federal court case in Mobile, Ala. He said he had invested $25 million of his own money. An Auburn University agronomy professor advising the Bush administration on green energy endorsed his technology.

    Alabama paper-and-pulp executive George Landegger and Mr. Khosla, the venture capitalist, separately invested millions in seed money into Cello and had plans to invest or lend more.

    A lawsuit disputing the ownership stakes of investors produced Mr. Boykin's revelation, in a 2008 deposition, that he had never used inedible plant material such as wood chips or grass in his pilot plant, despite claims otherwise. Construction of his full-scale facility in rural Alabama moved forward anyway.

    This year, Khosla representatives took samples of diesel produced at the new Cello plant and sent them off for testing. The results showed no evidence of plant-based fuel: Carbon in the diesel was at least 50,000 years old, marking it as traditional fossil fuel.

    The EPA wasn't told about the test, and continued to rely on Mr. Boykin's original claims when it asserted in the Federal Register in May that Cello could produce 70% of the cellulosic fuel targets set by Congress that are due to take effect next year.

    The jury returned a $10.4 million civil fraud and breach-of-contract verdict against the Alabama entrepreneur in favor of Mr. Landegger, one of the investors. Work on the plant has been suspended. Several weeks after the verdict was delivered, Mr. Boykin presented evidence that he had tested fuel from the plant and it did contain cellulosic material. He is seeking a new trial.

    Mr. Boykin declined to comment, but his lawyer, Forest Latta, said his client denies committing fraud. The carbon testing, he said, reflected only an early stage quality-control test during startup trials. It would be premature to conclude, Mr. Latta said in an email, that Cello's fuel-making process is a failure. "This is a first-of-its-kind plant in which there remain some mechanical issues still being ironed out," he wrote.

    Margo Oge, director of the EPA's office on transportation and air quality, says the agency is "looking into the whole case of Cello." Mr. Khosla declined to discuss Cello, but said he doubts the 2010 cellulosic fuel mandates can be met. "All projects, even traditional well-established technologies, are being delayed because of the financial crisis," he said in an interview.
    4) Government intervention always runs face-first into the Law of Unintended Consequences. (And usually the poor suffer most.)
    Corn ethanol, which has been supported by government blending mandates and other subsidies for years, has come under fire for driving up the price of corn and other basic foodstuffs. While it will continue to be produced, corn ethanol's dominant role in filling the biofuels' blending mandate was set to shrink through 2022.
    ...

    Critics of the biofuels boom say government support helped create the mess in the first place. In 2007, biofuels including ethanol received $3.25 billion in subsidies and support -- more than nuclear, solar or any other energy source, according to the Energy Information Administration. With new stimulus funding, this figure is expected to jump. New Energy Finance Ltd., an alternative-energy research firm, estimates that blending mandates alone would provide over $33 billion in tax credits to the biofuels industry from 2009 through 2013.

    Not all biofuels may be worth the investment because they divert land from food crops, are expensive to produce and may be eclipsed by the electric car. One fact cited against biofuels: If the entire U.S. supply of vegetable oils and animal fats were diverted to make biodiesel, production still would amount to at most 7% of U.S. diesel demand.
    5) Government intervention distorts typical investment patterns and often leads to bankruptcies (and lost investment capital).
    The wave of biodiesel failures and Cello's inability to produce even a fraction of what it expected have spooked private investors, which could further delay technology breakthroughs and derail the government's green energy objectives.

    "If your investors are losing money in first-generation biofuels, I guarantee you they'll be more reluctant to put money into more biofuels, including next-generation fuels," says Tom Murray, global head of energy for German bank WestLB, one of the leading lenders to ethanol and biodiesel makers.
    ...

    Bio-refinery carcasses are everywhere. GreenHunter's lender, West LB, arranged $2 billion in ethanol and biodiesel loans, selling them to various investors beginning around 2006. Today, half of the $2 billion in loans have defaulted or are being restructured, according to people familiar with the portfolio. Publicly traded Nova Biosource Fuels Inc. filed for Chapter 11 bankruptcy reorganization in March.

    Imperium Renewables, a biodiesel maker in Washington, is trying to hang on as a storage depot, its founder says. Evolution Fuels, an outfit that used to sell a biodiesel brand licensed by country singer Willie Nelson, has stopped production and said in a securities filing it may not be able to continue as a going concern. The company didn't return calls for comment.

    ...

    Any state help might be too late for GreenHunter Energy. In 2007, the company, led by energy exploration executive Gary Evans, acquired a Houston refinery that processed used motor oil and chemicals and retrofit it to make 105 million gallons of biodiesel a year from all manner of feedstocks, from soybean oil and beef tallow to, potentially, inedible plant matter. GreenHunter's business model hinged on selling to a government-guaranteed buyer: GreenHunter has the capacity to make 20% of the 500 million gallons of biodiesel that Congress wanted to be blended into the 2009 fuel supply.

    Until the mandate kicked in, GreenHunter and other biodiesel makers counted on exporting their output to Europe, a much bigger user of diesel.

    GreenHunter opened in June 2008 as oil prices skyrocketed. By then, soybean oil prices were soaring, too, pinching refiners that had banked on using soy. Mr. Evans switched to inedible animal fats.

    For about a month, when oil hovered above $120 a barrel and traditional diesel ran over $4 a gallon, GreenHunter says profit margins on turning animal fat into diesel rose as high as $1.25 a gallon. It wasn't sustainable. The price of animal fat soared too, cutting margins again.

    As the EPA continued to delay the blending mandates, the global downturn obliterated demand for regular diesel. Prices cratered. GreenHunter's plant took a direct hit from Hurricane Ike in September. By the time the plant reopened in late November, the price of diesel had dropped by more than half, and GreenHunter was losing money on every gallon of fuel.

    The European Union dealt the final blow this spring when it slapped a tariff on U.S. biodiesel, killing what had been the industry's main sales outlet.

    GreenHunter has since stopped producing biodiesel. The American Stock Exchange informed GreenHunter in May that the company was out of compliance with some listing requirements; the firm has submitted a plan to remain listed. Its stock has sunk to about $2 a share from a high of $24.75 in May 2008.
    6) Bureaucrats and politicians are horrible at picking market winners and losers.
    Domestically produced biofuels were supposed to be an answer to reducing America's reliance on foreign oil. In 2007, Congress set targets for the U.S. to blend 36 billion gallons of biofuels a year into the U.S. fuel supply in 2022, from 11.1 billion gallons in 2009. That would increase biofuels' share of the liquid-fuel mix to roughly 16% from 5%, based on U.S. Energy Information Administration fuel-demand projections.

    Cellulosic ethanol, derived from the inedible portions of plants, and other advanced fuels were expected to surpass corn ethanol to fill close to half of all biofuel mandates in that time.

    But the industry is already falling behind the targets.
    ...

    Even ethanol producers, which have enjoyed government subsidies and growing federal requirements to blend it into gasoline, have been operating at a loss over the past year. Numerous established producers have filed for Chapter 11 bankruptcy-court protection.
    7) Government regulators cannot possibly keep up with rapid changes in commodities markets based on simple supply and demand.
    The EPA, which implements the congressional blending mandates, still hasn't issued any regulations to allow biodiesel blending, though they were supposed to start in January. The mandate to blend next-generation fuels, which kicks in next year, is unlikely to be met because of a lack of enough viable production.

    "I don't believe there's a man, woman or child who believes the industry can hit" the EPA's 2010 biofuel blending targets, says Bill Wicker, spokesman for Sen. Jeff Bingaman of New Mexico, chairman of the Senate Energy Committee.

    The business models for most biofuel companies were predicated on a much higher price of crude oil, making biofuels more attractive. A government-guaranteed market was also central to business plans.

    But once blending mandates were postponed, oil prices plunged and the recession crushed fuel demand, many biodiesel companies started operating in the red.
    ...

    Obama officials defended the delay in biodiesel mandates. The EPA in May proposed rules that penalize soy-based diesel under the blending mandates, because deforestation from soybean cultivation is thought to offset the fuel's environmental benefits. Obama officials say the EPA must perform a thorough environmental review before it can issue rules. The amount of biodiesel that was to have been blended in 2009 will be added to the amount required for 2010, so that no volume is lost, they add.
    8) Government subsidies breed dependence, which breeds lobbying, which breeds more subsidies. Rinse. Repeat.
    Producers and investors now are pushing for swift and aggressive government help. Biodiesel makers are lobbying to kick-start the delayed blending mandates immediately and extend biodiesel tax credits, which expire in December.

    On Aug. 7 more than two dozen U.S. senators wrote to President Barack Obama to warn that "numerous bankruptcies loom" in the biodiesel sector. "If this situation is not addressed immediately, the domestic biodiesel industry expects to lose 29,000 jobs in 2009 alone," the senators wrote, using estimates by the National Biodiesel Board.

    Mr. Obama, who supported biofuels throughout his campaign, is working to roll out grants and loan guarantees for bio-refineries and green fuel projects, said Heather Zichal, a White House energy adviser. The pace of the disbursements should speed up this fall, administration officials say.

    ...

    Some senators have introduced a bill to extend biodiesel tax credits. A provision passed in the House grandfathers soy-based biodiesel into the blending mandates for five years.
    After reading this story, how can anyone strongly support a government takeover of America's energy AND healthcare sectors?

    Seriously, how?