RFF DP 11 01 PDF
RFF DP 11 01 PDF
The Porter
Hypothesis at 20
Can Environmental Regulation
Enhance Innovation and
Competitiveness?
1616 P St. NW
Washington, DC 20036
202-328-5000 www.rff.org
The Porter Hypothesis at 20: Can Environmental Regulation
Enhance Innovation and Competitiveness?
Stefan Ambec, Mark A. Cohen, Stewart Elgie, and Paul Lanoie
Abstract
Twenty years ago, Harvard Business School economist and strategy professor Michael Porter
stood conventional wisdom about the impact of environmental regulation on business on its head by
declaring that well-designed regulation could actually enhance competitiveness. The traditional view of
environmental regulation held by virtually all economists until that time was that requiring firms to
reduce an externality like pollution necessarily restricted their options and thus by definition reduced their
profits. After all, if profitable opportunities existed to reduce pollution, profit-maximizing firms would
already be taking advantage of those opportunities. Over the past 20 years, much has been written about
what has since become known simply as the Porter Hypothesis (PH). Yet even today, we find conflicting
evidence and alternative theories that might explain the PH, and oftentimes a misunderstanding of what
the PH does and does not say. This paper provides an overview of the key theoretical and empirical
insights into the PH to date, draws policy implications from these insights, and sketches out major
research themes going forward.
© 2011 Resources for the Future. All rights reserved. No portion of this paper may be reproduced without
permission of the authors.
Discussion papers are research materials circulated by their authors for purposes of information and discussion.
They have not necessarily undergone formal peer review.
Contents
1. Introduction ......................................................................................................................... 1
Appendix. Theoretical and Empirical Studies on the Porter Hypothesis ........................ 24
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1. Introduction
Twenty years ago, Harvard Business School economist and strategy professor Michael
Porter stood conventional wisdom about the impact of environmental regulation on business on
its head by declaring that well-designed regulation could actually enhance competitiveness.
According to Porter (1991), “Strict environmental regulations do not inevitably hinder
competitive advantage against rivals; indeed, they often enhance it.” He went on to suggest
various mechanisms by which environmental regulations might enhance competitiveness, such
as reduction in the use of costly chemicals or lower waste disposal costs. The traditional view of
environmental regulation held by virtually all economists until that time was that requiring firms
to reduce an externality like pollution necessarily restricted their options and thus by definition
reduced their profits. After all, if profitable opportunities existed to reduce pollution, profit-
maximizing firms would already be taking advantage of those opportunities.
Over the past 20 years, much has been written about what has since become known
simply as the Porter Hypothesis (PH). Yet even today, we find conflicting evidence, alternative
theories that might explain the PH, and oftentimes a misunderstanding of what the PH does and
does not say. However, a careful examination of both the theory and evidence yields some
important policy implications for design of regulatory instruments, as well as a rich research
agenda to further understand what works, what does not, and why.
Ambec, researcher, Toulouse School of Economics (INRA-LERNA), and visiting professor, University of
Gothenburg ([email protected]). Cohen, vice president for research and senior fellow, Resources for the
Future; professor of management and law, Vanderbilt University ([email protected]). Elgie, professor, faculty of law,
University of Ottawa, and chair, Sustainable Prosperity ([email protected]). Lanoie, professor of economics,
HEC Montreal ([email protected]). The authors thank Nick Johnstone, Leena Lankowski, David Popp, and
Marcus Wagner for helpful comments on an earlier draft. All errors remain those of the authors.
This paper was originally prepared as a background paper for a symposium hosted by Sustainable Prosperity and
Resources for the Future on June 28, 2010.
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This paper provides an overview of the key theoretical and empirical insights into the PH
to date and sketches out major research themes going forward. We start in Section 2 with a brief
overview of the Porter Hypothesis, as well as the variations that have been expressed in the
literature. Next, Section 3 examines the theoretical developments that have taken place over the
past 20 years to explain why regulation might indeed improve competitiveness. Section 4
similarly reviews the empirical evidence to date. Section 5 enters the realm of policy
recommendations, by examining the implications of our knowledge on the PH for designing
regulatory mechanisms that promote innovation and competitiveness. Finally, we end with a
section outlining what we see to be the main research gaps that have yet to be filled in this
important policy area.
Figure 1 summarizes the main causal links involved in the PH. As Porter and van der
Linde first described this relationship, if properly designed, environmental regulations can lead
to “innovation offsets” that will not only improve environmental performance, but also
partially—and sometimes more than fully—offset the additional cost of regulation.
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Environmental
Performance
Strict but Flexible
Environmental Innovation
Regulations Business
Performance
(sometimes)
Porter and van der Linde go on to explain that there are at least five reasons that properly
crafted regulations may lead to these outcomes:
First, regulation signals companies about likely resource inefficiencies and potential
technological improvements.
Third, regulation reduces the uncertainty that investments to address the environment will
be valuable.
The Porter Hypothesis has met with great success in political debate, especially in the
United States, because it contradicts the idea that environmental protection is always detrimental
to economic growth. The PH has been invoked to persuade the business community to accept
environmental regulations, as it may benefit from them in addition to other stakeholders. In a
nutshell, well-designed environmental regulations might lead to a Pareto improvement or “win–
win” situation in some cases, by not only protecting the environment, but also enhancing profits
and competitiveness through the improvement of the products or their production process or
through enhancement of product quality.
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The PH has been criticized for being incompatible with the assumption of profit-
maximizing firms (see Palmer et al. 1995). Indeed, the hypothesis rests on the idea that firms
often ignore profitable opportunities. In other words, why would regulation actually be needed
for firms to adopt profit-increasing innovations? In fact, Porter directly questions the view that
firms are profit-maximizing entities: “The possibility that regulation might act as a spur to
innovation arises because the world does not fit the Panglossian belief that firms always make
optimal choices.” As discussed below, firms might not appear to be making optimal choices for
many reasons, such as imperfect information or organizational or market failures.
There is much confusion in the literature about what the Porter Hypothesis actually says.
As we note above, it does not say that all regulation leads to innovation—only that well-designed
regulations do. This is consistent with the growing trend toward performance-based and/or
market-based environmental regulations. Second, it does not state that this innovation necessarily
offsets the cost of regulation—that is, it does not claim that regulation is always a free lunch.
Instead, it does make the claim that in many instances, these innovations will more than offset
the cost of regulation—in other words, there may be a free lunch in many cases.
Previous authors have disaggregated the PH into its component parts in order to test the
theory and evidence. First (as shown in the first two boxes of Figure 1), properly designed
environmental regulation may spur innovation.1 This has often been called the “weak” version of
the PH (see Jaffe and Palmer 1997), because it does not tell us whether that innovation is good or
bad for firms. Of course, the notion that regulation might spur technological innovation is not a
new idea in economics and would not itself have brought about such controversy. The second
part of the PH (the lower right-hand side of Figure 1) is that this innovation often more than
offsets any additional regulatory costs—in other words, environmental regulation often leads to
an increase in firm competitiveness. This is often called the “strong” version of the PH. (Note,
1 Actually, the notion that regulation could spur technological innovation follows from the notion of induced
innovation, which goes back to Hicks (1932).
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however, that the PH never goes so far as to suggest that environmental regulation will always
lead to either innovation or increased competitiveness, but the authors say that it is probable.)
Finally, in what has been called the “narrow” version of the PH, it is noted that flexible
regulatory policies give firms greater incentives to innovate and thus are better than prescriptive
forms of regulation. Indeed, Porter challenges regulators to examine the likely impacts of their
actions and choose regulatory mechanisms that will foster innovation and competitiveness,
particularly economic instruments. Thus, the PH is as much a normative prescription for
regulatory policy as it is a positive assessment of current policy.
2 See also Chowdhury (2010) and Kriechel and Ziesemer (2009) on timing issues.
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3 For a counterargument, see Gans (2010), who shows that more stringent climate change policies will not
necessarily lead to more innovation. Indeed, it is demonstrated that a tighter emissions cap will reduce the scale of
fossil fuel usage, and this effect will diminish incentives to improve fossil fuel efficiencies.
4Notice that Feichtinger et al. (2005) show that the opposite may occur: an emissions tax may increase the capital’s
average age.
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A summary of many of these studies is contained in the Appendix (adapted and updated
from Ambec and Barla 2006; Ambec and Lanoie 2008). As an illustration of this first set of
papers, Jaffe and Palmer (1997) estimate the relationship between total R&D expenditures (or
the number of successful patent applications) and pollution abatement costs (a proxy for the
stringency of environmental regulation). They find a positive link with R&D expenditures (an
increase of 0.15% in R&D expenditures for a pollution abatement cost increase of 1%), but no
statistically significant link with the number of patents. However, restricting themselves to
environmentally related successful patents, Lanjouw and Mody (1996), Brunnermeier and Cohen
(2003), Popp (2003, 2006), Arimura et al. (2007), Johnstone et al. (2010b), and Lanoie et al.
(2010) find a positive relationship with environmental regulation. Furthermore, Johnstone et al.
(2010a) examine not only the impact of the stringency of environmental policies, but also the
impact of their stability and flexibility (as measured by the World Economic Forum Survey).
Evidence is found that both stability and flexibility have distinct effects on innovation beyond
that of policy stringency.
For the firm’s technological choices, two older studies emphasize a negative relationship
between environmental regulations and investment in capital. Nelson et al. (1993) find that air
pollution regulations significantly increased the age of capital in the U.S. electric utilities in the
seventies. As discussed later, however, this finding might not be surprising given the fact that
U.S. regulations imposed more stringent requirements on new sources—likely an example of
regulations that are not well designed to encourage innovation. According to Gray and
Shadbegian (1998), more stringent air and water regulations have a significant impact on paper
mills’ technological choice in the United States. However, their results suggest that such
regulations tend to divert investment from productivity to abatement, consistent with the
standard paradigm.
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Altogether, these works deduce that there is a positive link, although varying in strength,
between environmental regulation and innovation.
The second empirical approach assesses the impact of environmental regulation on the
business performance of the firm (the link between the first and last steps in the chain described
in Figure 1). The “strong” version of the Porter Hypothesis is tested, however, without looking at
the cause of this variation in performance (whether it is linked to innovation or to another cause).
The firm’s business performance is often measured by its productivity.
This second approach has a long tradition in the economics literature (see Jaffe et al.
1995 for a review). The second half of the Appendix lists many of these studies. Most papers
reviewed in Jaffe et al. (1995) highlight a negative impact of environmental regulation on
productivity. For instance, Gollop and Roberts (1983) estimate that SO2 regulations slowed down
productivity growth in the United States in the 1970s by 43%. However, several more recent
papers find more positive results. For example, Berman and Bui (2001) report that refineries
located in the Los Angeles area enjoyed a significantly higher productivity than other U.S.
refineries despite a more stringent air pollution regulation in this area. Similarly, Alpay et al.
(2002) estimate the productivity of the Mexican food-processing industry to be increasing with
the pressure of environmental regulation. They therefore suggest that a more stringent regulation
is not always detrimental to productivity.
Lanoie et al. (2010) combine both approaches, assessing for the first time the whole
Porter causality chain. The data come from a unique OECD survey carried out with more than
4,000 companies located in seven industrialized countries. The method consists of assessing
three equations by proceeding in two stages with adequate instruments (“two-stage least
squares”). Following Figure 1, the three dependent variables are environmental innovation,
environmental performance, and business performance. The results first show a positive and
significant link between the perceived severity of environmental regulations and environmental
innovation; this is consistent with the weak version of the PH. Furthermore, the “predicted”
environmental innovation from the first regression has a positive and significant impact on
business performance. This provides evidence of the causal link suggested by the strong form of
the PH—that regulation spurs innovation, which further enhances business performance.
However, Lanoie and colleagues also note that environmental regulation has a direct negative
effect on business performance. On balance, they find that the net effect is negative—that is, the
positive effect of innovation on business performance does not outweigh the negative effect of
the regulation itself. In brief, regulation appears to be costly—but less so than if one were to
consider only the direct costs of regulation itself.
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One important caveat to this negative finding is that most previous studies have not
adequately taken into account the dynamic dimensions of the Porter Hypothesis. Porter argues
that more stringent environmental policies will lead to innovations to reduce inefficiencies, and
this, in turn, will eventually reduce costs. This process may take some time. In previous studies
on the determinants of productivity, researchers have often regressed productivity at time 0 on
proxies of environmental regulation stringency at time 0 as well, which does not allow time for
the innovation process to occur. By introducing lags of three or four years between changes in
the severity of environmental regulations and their impact on productivity, Lanoie et al. (2008)
have found that stricter regulations led to modest long-term gains in productivity in a sample of
17 Quebec manufacturing sectors—first reducing productivity in year one, having a slightly
positive effect in year two, and then resulting in more positive outcomes in years three and
four—more than offsetting the first year’s loss. Furthermore, they show that this effect is more
important in industries highly exposed to outside competition. Further research should focus on
these more dynamic impacts.
Much of the earlier literature on the pollution haven hypothesis found a positive impact—
industries with more stringent regulations (generally proxied by higher pollution abatement
costs) had less net trade flows—consistent with the PH. However, as Copeland and Taylor
(2004) and Brunnermeier and Levinson (2004) explain in their literature reviews, both
endogeneity and unobserved variables that are correlated with regulation may explain these
results. Indeed, they cite more recent literature accounting for these issues and conclude that
while much work still needs to be done, the weight of the evidence supports the pollution haven
hypothesis. Nevertheless, the magnitude of this effect does not appear to be “strong enough to be
the primary determinant of the direction of trade or investment flows” (Copeland and Taylor
2004, 48). Perhaps more important from the perspective of the PH, few of these studies have
been able to distinguish among the types of regulatory mechanisms employed; instead, they often
use pollution control costs or emissions levels (see, e.g., Quiroga et al. 2009) as proxies of
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Environmental Policies
As mentioned by Porter, the type of regulatory instrument is an important premise of the
PH. As Porter and van der Linde (1995, 110) argue:
If environmental standards are to foster the innovation offsets that arise
from new technologies and approaches to production, they should adhere to three
principles. First, they must create the maximum opportunity for innovation,
leaving the approach to innovation to industry and not the standard-setting
agency. Second, regulations should foster continuous improvement, rather than
locking in any particular technology. Third, the regulatory process should leave as
little room as possible for uncertainty at every stage.
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emissions, including a switch to coal with lower sulfur content. The industry also experienced
innovation in fuel blending and in the scrubber market.5 In addition, the switch from a
technological standard to tradable emissions allowances led to a transfer of responsibility from
engineers or chemists, typically in charge of environmental issues, to top executives such as
financial vice presidents, who are trained to treat SO2 emissions allowances as financial assets.
Along the same lines, Hoglund Isaksson (2005) looks at the impact of a charge on
nitrogen oxides (NOx) emissions introduced in Sweden in 1992. She examines the impact on
abatement cost functions of 114 combustion plants during the period 1990–1996. Her findings
suggest that extensive emissions reductions have taken place at zero or very low cost, and that
effects of learning and technological development in abatement have been present during the
analyzed period.
Lanoie et al. (2010), described above, also provides indirect evidence on this issue,
showing that performance standards are leading to more innovation than do more prescriptive
technological standards. Driesen (2005, 303) reviews the literature and argues that “pollution
taxes have a greater potential to promote innovation than either emissions trading (at least when
permits are given away, rather than sold) or traditional regulation. For him, both emissions
trading and performance standards produce incentives only to attain the standards government
sets, rather than to go further. While trading does provide incentives for low cost sources to
produce some ‘extra’ credits, it does so only to the extent that high cost sources need credits to
meet their limits. Once the high cost sources have purchased enough credits to attain their limits,
no further incentive to go beyond compliance exists. Pollution taxes, however, provide a
continuous incentive for polluters to deploy innovations costing less than the marginal tax rate.”
5 The former command-and-control regulation did not provide incentives to increase SO2 removal by scrubbers from
more than the 90% (for high-sulfur coal) or 70% (for low-sulfur coal) standard. With the new program, the
incentives are such that upgrading of existing scrubbers through improvements is likely to occur.
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Finally, Lankoski (2010, 6) reviews the empirical evidence to date and concludes, in line
with Porter and van der Linde, that regulatory “policy should strive to be win-win compatible.
This speaks in favour of policies that provide incentives to innovation, are stable and predictable,
make use of suitable transition periods, focus on end results rather than means, and economic
policy instruments” (see also the discussion in Wagner 2006).
Training
Improved productivity or competitiveness under the PH relies heavily on the possibility
of low-hanging fruit—although new technological innovations themselves are also important.
Busy managers, especially in small and medium enterprises (SMEs), may not always have the
time and the technical expertise to identify these profitable opportunities. Training may help
them. Rochon-Fabien and Lanoie (2010) investigate the benefits of an original Canadian training
program, the Enviroclub initiative. This initiative was developed to assist SMEs in improving
6 Maskus (2010) provides a discussion on intellectual property rights on environmental and climate technologies.
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Recent trends to increase corporate transparency and reporting (e.g., the Carbon
Disclosure Project and Global Reporting Initiative), provide training on sustainability issues, hire
corporate responsibility officers who often report directly to the Board of Directors, and tappoint
members of the Board of Directors with sustainability experience all point to actions that might
reduce organizational inertia further.
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These types of challenges abound in the literature on the PH. Lankoski (2010) provides a
nice summary of these issues and notes that authors have identified 50 or more methodological
or measurement problems that make it difficult to compare and draw conclusions. Not only is
future research to refine and improve upon these issues, but perhaps a serious meta-analysis
would help uncover some of the underlying effects and shed more light on these issues.
Nonregulatory Policies
As noted above, some evidence exists that training programs may provide knowledge to
environmental managers about more productive (and perhaps even profitable) approaches to
environmental protection. Related to direct training on better compliance approaches are the
growing number of voluntary programs such as the 33/50 and Energy Star programs in the
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United States as well as elsewhere. While these programs are generally designed to provide
companies with knowledge and/or incentives to go beyond compliance—either to reduce costs or
to increase demand for their products—they may have significant ancillary benefits of increasing
compliance with existing regulations.
In addition, there is growing evidence that mandatory disclosure programs have resulted
in improvements in environmental performance—even when not mandated. For example, while
Hamilton (1995) finds that on average, firms have lost market value on the day that the first
Toxic Release Inventory (“TRI”) numbers were made public, Konar and Cohen (1997) find that
firms with the largest stock price declines have subsequently reduced their emissions most. More
importantly, Konar and Cohen (2001) find that subsequent reductions in TRI have increased the
intangible asset value of firms. These and other similar findings raise the interesting question of
whether indirect forms of regulation such as mandatory disclosure yield positive or negative
impacts on balance.
Beyond the government, there are other actors whose policies might interact with the
regulation-innovation-competitiveness links. As mentioned above, the trend toward increased
transparency, whether through voluntary corporate reporting, quasimandatory requirements from
stock exchanges or other agencies, or third-party reporting such as the Carbon Disclosure Project
or www.scorecard.org, might reduce organizational inertia. This would appear a fruitful area for
future research.
Longitudinal Studies
As noted, one reason we might continue to see mixed results on the regulation-
competitiveness effect is the inability of previous studies to adequately capture the lag structure
of innovation. While Brunnermeier and Cohen (2003) find a positive relationship between
lagged compliance costs and innovation and Lanoie et al. (2008) find a positive relationship
between lagged regulatory stringency and productivity, most authors have relied upon
contemporaneous comparisons. Innovations might take several years to develop, and capital
expenditures are often delayed for a few years through normal budgetary cycles and building
lags. Thus, future studies that carefully examine the dynamic structure of the PH would be
welcome.
Lankoski (2010) suggests that this difference in treating lag structures was one reason
why earlier studies were more likely to reject the PH, while more recent studies appear more
favorable. However, another potential reason why more recent studies are more likely to find
positive results is simply that the world is changing over time. We have more experience with
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market-based regulation of the form advocated by Porter. Also, there is a heightened social
consciousness around sustainability, in the form of both green products and corporate social
responsibility. Thus, the “value” of improving environmental performance may have increased
over time. Capturing these effects in a longitudinal study might be difficult but could provide
some interesting insights.
Global Studies
As datasets become more global and we increase our ability to make cross-country
comparisons with meaningful detailed data, more research might focus on the competitiveness
across nations. As mentioned above, evidence is growing (but still not conclusive) that countries
with more stringent environmental regulations are less competitive in those sectors (see the
reviews in Esty 2001 and Ederington 2010). However, future research might distinguish among
command-and-control, performance-based, and market-based instruments to determine whether
the form of regulation has an impact on these findings.
7. Conclusions
Twenty years ago, by declaring that well-designed regulation could actually enhance
competitiveness, Michael Porter certainly generated enormous interest among scholars,
policymakers, businesses, and pressure groups. Indeed, much has been written about what has
since become known simply as the Porter Hypothesis (PH).
This paper has provided an overview of the key theoretical and empirical insights on the
PH to date. First, on the theoretical side, it turns out that the theoretical arguments that could
justify the PH are now more solid than they appeared at first in the heated debate that took place
in 1995 in the Journal of Economic Perspectives (Palmer et al. 1995). On the empirical side, on
one hand, the evidence about the “weak” version of the hypothesis (stricter regulation leads to
more innovation) is also fairly well established. On the other hand, the empirical evidence on the
strong version (stricter regulation enhances business performance) is mixed, with more recent
studies providing more supportive results.7
The PH raises important questions for policymakers as to how to design and implement
policies that will induce environmental innovation and how to protect and diffuse these
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innovations among firms. More research is certainly needed to better understand the different
mechanisms at play.
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