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Understanding Disparities in Punishment: Regulator Preferences and Expertise

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  • Karam Kang
  • Bernardo S. Silveira

Abstract

This paper quantifies the benefits of discretion in the enforcement of environmental regulations. We identify and estimate a structural model of regulator-discharger interactions, exploiting an increase in the enforcement stringency of water pollution regulations in California. Our estimates indicate that most of the heterogeneity in punishments for observably similar violations is due to heterogeneity in discharger compliance costs rather than heterogeneity in regulator preferences. We find that removing the discretion of regulators to tailor punishments to discharger attributes would raise enforcement costs and decrease compliance by dischargers with high social harms of violations.

Suggested Citation

  • Karam Kang & Bernardo S. Silveira, 2021. "Understanding Disparities in Punishment: Regulator Preferences and Expertise," Journal of Political Economy, University of Chicago Press, vol. 129(10), pages 2947-2992.
    • Handle: RePEc:ucp:jpolec:doi:10.1086/715415
    DOI: 10.1086/715415
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    Cited by:

    1. Francesco Trebbi & Miao Ben Zhang, 2022. "The Cost of Regulatory Compliance in the United States," NBER Working Papers 30691, National Bureau of Economic Research, Inc.
    2. Jonathan Colmer & Mary F. Evans & Jay Shimshack, 2023. "Environmental citizen complaints," CEP Discussion Papers dp1903, Centre for Economic Performance, LSE.
    3. Kastoryano, Stephen & Vollaard, Ben, 2022. "Nautical Patrol and Illegal Fishing Practices," Discussion Paper 2022-016, Tilburg University, Center for Economic Research.
    4. Dietrich Earnhart & Sarah Jacobson & Yusuke Kuwayama & Richard T. Woodward, 2023. "Discretionary Exemptions from Environmental Regulation: Flexibility for Good or for Ill," Land Economics, University of Wisconsin Press, vol. 99(2), pages 203-221.
    5. Kastoryano, Stephen & Vollaard, Ben, 2023. "Unseen annihilation: Illegal fishing practices and nautical patrol," Journal of Environmental Economics and Management, Elsevier, vol. 122(C).
    6. Raff, Zach & Meyer, Andrew & Walter, Jason M., 2022. "Political differences in air pollution abatement under the Clean Air Act," Journal of Public Economics, Elsevier, vol. 212(C).
    7. Merkus, Erik, 2024. "The economic consequences of environmental enforcement: Evidence from an anti-deforestation policy in Brazil," World Development, Elsevier, vol. 181(C).
    8. Shimshack, Jay P. & Ward, Michael B., 2022. "Costly sanctions and the treatment of frequent violators in regulatory settings," Journal of Environmental Economics and Management, Elsevier, vol. 116(C).
    9. Wesley Blundell & Gautam Gowrisankaran & Ashley Langer, 2020. "Escalation of Scrutiny: The Gains from Dynamic Enforcement of Environmental Regulations," American Economic Review, American Economic Association, vol. 110(8), pages 2558-2585, August.
    10. Aaron L. Bodoh-Creed & Brent R. Hickman & John A. List & Ian Muir & Gregory K. Sun, 2023. "Stress Testing Structural Models of Unobserved Heterogeneity: Robust Inference on Optimal Nonlinear Pricing," NBER Working Papers 31647, National Bureau of Economic Research, Inc.
    11. Luo, Haotian & Hu, Qing, 2024. "A re-examination of the influence of human capital on urban-rural income gap in China: College enrollment expansion, digital economy and spatial spillover," Economic Analysis and Policy, Elsevier, vol. 81(C), pages 494-519.

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