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a regulatory battle. Environmental regulations can help<br />

businesses by protecting them from competition. 13 Larger<br />

businesses, the profit-seeking “bootleggers,” can easily<br />

absorb the high costs of regulation, but smaller firms<br />

cannot cope with these costs and cannot enter the market<br />

or are forced to leave it. 14 Environmental activists and<br />

regulators, the moralizing “Baptists,” want regulations to<br />

be passed to improve the environment and expand their<br />

spheres of influence. In this way, the “Baptists” provide<br />

moral cover for many environmental regulations that benefit<br />

special interests, and this cover disguises cronyism as<br />

furthering the public interest.<br />

Instances of cronyism stemming from environmental<br />

regulations abound. A regulation that mandated industrial<br />

scrubber requirements benefited the high-sulfur<br />

eastern US coal industry at the expense of the cleanerburning<br />

western coal industry. 15 Regulators designed the<br />

Clean Air Act of 1970 to benefit established firms at the<br />

expense of newcomers by compelling only new firms to<br />

install expensive scrubbers at coal-fired electric plants<br />

and exempting established firms from this obligation. 16<br />

A 1973 Supreme Court decision further tilted the playing<br />

field in favor of established firms by making the construction<br />

of new smelting plants more difficult for new<br />

competitors.<br />

Economists Michael Maloney and Robert McCormick<br />

empirically tested the effect of the strengthened Clean<br />

Air Act and found that the tougher regulations benefited<br />

existing firms that saw their stock prices increase immediately<br />

following the ruling. 17 The same study analyzed<br />

the effects of a Department of Labor regulation on cottondust<br />

levels in textile factories and found that the stock<br />

ENVIRONMENTALISM 71

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