Environmental Lawsuits Tried To Block 50,000 Homes From Being Built in California in 1 Year

“California policy makers are seemingly getting serious about solving the state’s housing crisis by passing a bevy of laws that ease restrictions on new development. But the benefits of this deregulation are often undone by environmental lawsuits, and there’s evidence that the problem is getting worse.
In 2020, almost 48,000 new housing units were targeted with lawsuits, according to a new report from the law firm Holland & Knight. That’s roughly 50 percent of the 110,784 annual housing units the state has built on average over the past six years.

Two-thirds of these anti-housing lawsuits filed under the California Environmental Quality Act (CEQA) allege that new residential development violates state targets on reducing greenhouse gases and vehicle miles traveled.

“CEQA has indeed become a population control (aka reduction) statute,” writes the report’s author Jennifer Hernandez. “California is losing people, and the people being expelled are our families, our kids and grandkids, our favorite young teacher, our most compassionate nurse, our lifeline electricians and carpenters, our first responders, and our future caregivers.”

CEQA, passed in 1970, requires that governments study and mitigate the environmental impacts of new developments they have discretion over. The law also gives third parties the ability to sue governments for approving projects without allegedly studying them enough or requiring sufficient mitigation of their environmental effects.

That setup has made the law a go-to tool for anti-development Not in my Backyard (NIMBY) activists, who can hold up new projects for years with (often very flimsy) CEQA lawsuits. Despite its original purpose of protecting the environment, CEQA enables reams of litigations targeting everything from new apartments to new solar panels.”

“The report notes that the impact of CEQA lawsuits on new housing is probably greater than the mere 47,999 that have been explicitly challenged. These legal challenges also target upzoning measures that would allow developers to propose more housing.

That’s helped to keep California’s housing production numbers flat over the past few years, despite the passage of nearly 80 laws aimed at boosting housing production or bringing housing costs down.”

Selling a Home? The D.C. Down Payment Assistance Program Will Give You Up to $202,000.

“the mayor urged residents to take advantage of the city’s newly expanded Home Purchase Assistance Program (HPAP). Starting October 1, the program will provide residents with up to $202,000 in interest-free loans to help cover the costs of a first-time home purchase, plus an additional $4,000 to help cover closing costs.
The decades-old program previously provided home purchasers with $80,000 in interest-free loans. The increase is justified, officials argue, by today’s hot housing market.

“We knew we had to do something to make the program more viable for potential home buyers,” Deputy Mayor John Falcicchio told The Washington Post last week. “We wanted our residents to be the most prepared as they go into this hot housing market.”

D.C. is certainly an expensive place to buy a home.

The real estate listing company Zillow says the typical D.C. home is worth $707,747—roughly twice the typical home cost nationally. Prices have increased 9 percent so far this year, according to the Case-Shiller home price index. That’s slightly more than the national increase in prices but far less than the 20-plus percent increases in such cities as Atlanta and Tampa.

These interest-free loans will probably increase those prices further. Indeed, the value of that subsidy is more likely to be captured by home sellers than by homebuyers.

The whole purpose of down payment assistance is to get more people to buy homes. That’s another way of saying that it is increasing the demand for home purchases. Economics 101 tells you that increasing demand, all else being equal, will increase prices. Homebuyers with more money can be less price-sensitive, and home sellers can be choosier about purchasers. All that encourages those sellers to increase prices.”

“In a normal market, you’d expect price increases to induce a supply effect. More demand encourages suppliers to enter a market, which helps moderate price increases.

But don’t expect to see much of that in D.C.’s housing market. For starters, the city has only so many vacant or redevelopable plots of land where new housing could go. Redeveloping existing housing into more units is constrained by the city’s zoning laws and historic preservation rules. Meanwhile, rising inflation and persistent supply-chain issues have caused new home construction to plummet, as high material costs make builders less willing to take on new projects.”

Biden’s Income-Driven Repayment Plan Will Make College Much More Expensive

“President Joe Biden announced that the federal government would forgive between $10,000 and $20,000 of student loan debt for qualifying borrowers who make less than $125,000 per year. But that wasn’t all: Biden also said that he would create a new income-driven repayment (IDR) system for college borrowers.
The IDR aspect of Biden’s plan attracted less scrutiny than the direct forgiveness aspect, which will cost at least $300 billion (and probably much, much more) in the immediate future. But in the long-term, this aggressive move toward an income-driven model of repaying college loans will probably have a bigger impact—and that impact will be catastrophic. In fact, unless the government does something to constrain colleges’ ability to set their own prices, IDR could break the entire higher education financing system and lead to skyrocketing costs for taxpayers.

There are some IDR programs available right now, but Biden’s approach would vastly expand this option. The existing plans require borrowers to pay 10, 15, or 20 percent of their income for two decades, at which point the rest of the loan is forgiven. Biden would make IDR much more appealing than it is currently; according to the Biden-Harris debt relief plan, borrowers will pay just 5 percent of their income (or 10 percent if they took out graduate student loans) for either 10 or 20 years depending on how much money they owe. The income threshold will be raised from 150 percent above the poverty line to 225 percent, and punitive interest rates will be eliminated.

All in all, this IDR model will be extremely appealing for a large number of borrowers, and we should expect the percentage of borrowers who are repaying via IDR to increase substantially in the coming years. But without further changes to the federal student loan program, this is going to be a huge problem.

That’s because both the borrowers and the universities will have increased incentive to bilk the people who actually make the loan: the taxpayers.

Under the current system, a prospective student needs a certain amount of money to pay for tuition at a university—say, $50,000—and borrows that sum from the government (i.e., the taxpayers). Later, the borrower pays it back, with interest. The university’s incentives are less than ideal; it might feel free to raise the price of tuition to $60,000, satisfied that the student really wants the degree, and will thus borrow more money, and deal with the consequences afterward. To the extent that the government loan program disguises upfront costs, it arguably contributes to rising tuition rates.

Under IDR, this situation gets much worse because the university and the borrowers have incentive to cooperate and screw the taxpayers. For the borrower, it doesn’t matter if tuition costs $50,000 or $5 million: The borrower will be repaying the same amount, 5 percent of income for 10 years, regardless of the size of the loan or the cost of tuition. Since it makes no difference to the borrower, the university might as well raise prices. This way, the university pockets more money, and the borrower doesn’t even have to pay it back.

Something close to this scheme already exists in law schools, which have Loan Repayment Assistance Programs (LRAPS). According to leftist writer Matt Bruenig, the arrangement is very likely to produce increased tuition as universities and students figure out that they can essentially cooperate in this game to beat the house”

“Bruenig notes that Australia also uses IDR, but in Australia, the government prohibits universities from charging obscenely high tuition rates.

“If we are going to make the leap into an IDR-dominant college financing system, then we may need the government to also play a much bigger role in setting college prices, something it probably should have been doing even before the Biden policy change,” writes Bruenig. “Otherwise, we may very well see more unwanted cost bloat beyond what we already have.””

“One solution would be for the government, at a minimum, to set tuition prices for public, state universities—which, after all, are public and paid for by taxpayers. If the state is going to confiscate wealth from taxpayers in order to maintain public educational institutions, those institutions should be generally affordable to those same taxpayers.

Another idea would be to move to a system in which students don’t take out loans at all; instead of paying tuition, they agree to pay a percentage of their income to the university for some length of time after graduation. This would be like IDR, but it would cut out the government as the middleman, and thus get taxpayers off the hook. Purdue University President Mitch Daniels experimented with such a system, though it was paused earlier this year due to implementation difficulties.

By encouraging students to take on even more debt, and then never expecting them to repay it, the Biden administration is creating a system where everyone involved in higher education has incentive to fleece the American people.”

California Takes on the High Cost of Mandated Parking

“Minneapolis is one test case. It eliminated parking minimums citywide as part of an update to its general plan in 2018. Crucially, the city also increased the maximum allowable size of apartments near transit and along commercial corridors at the same time. (The city also imposed some very unlibertarian parking maximums in some areas.)

The combination of those two reforms has kicked off a small boom in the construction of smaller apartment buildings, with most of those projects being built with less parking than had been typically required under the old rules.”

It Wasn’t What He Wanted, But Gorbachev Allowed an Evil Empire To Collapse

“we should not judge the eighth and final Soviet leader, who died..at the age of 91, by his base geopolitical desires but rather by the glorious human flourishing that his actions—and especially his inactions—allowed to take place. Gorbachev’s economically desperate late-1980s policies of glasnost (openness) and perestroika (reform) unleashed a whirlwind of freedom-seeking among hundreds of millions of captive peoples, quickly overwhelming any one man’s (or regime’s) ability to control it.

And during most—though definitely not all—key moments of potential armed conflict between dictatorial hardliners and outgunned revolutionaries, Gorby told the generals to stand down. This is an achievement worth lingering on and learning from.”

“The result was that, under the watches of both Gorbachev and George H.W. Bush, November 9, 1989 became the most liberating day of the most liberating month of the most liberating year in human history. Hardly limited to the long-suffering nations of Central Europe, the imperial drawdowns from both sides of the Cold War brought crucial and long-awaited relief to the proxy-war-scarred post-colonialist countries of Africa and South America. The fact that Gorbachev planned for almost none of this should not dull our appreciation for him not getting in the way.”

The Student Loan Debate Shows How the ACLU Has Lost Its Way

“The American Civil Liberties Union (ACLU) last week applauded President Joe Biden’s plan to cancel student loan debt, which it describes as “a racial justice issue.” That puzzling position encapsulates how far the venerable organization has strayed from the mission reflected in its name.
Under Biden’s new policy, borrowers earning up to $125,000 a year will be eligible for $10,000 in debt relief or twice that amount if they qualified for Pell Grants as students. The 43 million or so beneficiaries include many affluent people who could readily afford to pay off their loans, while the cost, which is projected to be at least $300 billion, will be borne by taxpayers, including Americans of relatively modest means.

Some of the people picking up the tab never attended college, while others struggled to do so without borrowing money or have already paid off their loans. But in the ACLU’s view, that seemingly unfair redistribution of resources is what racial justice demands.”

“it has nothing to do with protecting civil liberties. The 14th Amendment guarantees equal protection under the law, but it does not promise to eradicate racial disparities in educational or economic success.

As the ACLU sees it, however, any such disparities result from “centuries of structural inequities and racism.” The federal government therefore has a duty to ensure equal outcomes, which requires wide-ranging interventions, including welfare programs, education spending, job training, affirmative action, public housing, tax credits, and state-subsidized health care.

To give you a sense of how far afield that cause takes the ACLU from the defense of constitutional rights, the organization argues that “broadband access for all” is a racial justice issue because “people without broadband access are disproportionately Black, Latinx, Indigenous, rural, or low-income.” The ACLU describes the Patient Protection and Affordable Care Act, which it urged the Supreme Court to uphold, as “a great civil rights law” because “it is not possible to fully participate in the economic, social, and civic life of our nation without stable health coverage.”

If “stable health coverage” is a prerequisite for fully participating in “the economic, social, and civic life of our nation,” so is stable housing, stable employment, and a stable supply of food, clothing, and transportation. Such reasoning expands the ACLU’s mission to include pretty much any domestic policy issue.”

New York Set to Hobble ‘Legal’ Cannabis with Taxes and Regulations

“A legal market with high taxes and overly stringent regulations is still a market in which people aren’t arrested and jailed. Rules can be loosened to what people will tolerate, as they have been elsewhere. But New York officials have yet to learn that markets function based on the choices of participants. The wishes of government regulators who want to use them as social-engineering tools and ATMs don’t really matter. Marijuana markets will thrive so long as there are customers to be served. The question is whether they will thrive in the open under light taxes and regulations, or underground to escape the heavy hands of politicians.”

Would the Inflation Reduction Act actually reduce inflation?

“I think it’s likely to have a modest downward effect on inflation, so directionally, I think it is likely to push downward on prices. But that’s unlikely to be the primary effect of the legislation, given how many specific policies there are.
Most of the impact on inflation and the broader economy from this legislation is likely to be medium-term, not felt in the immediate next few months, which is how households are thinking about inflation.”

How are floods and droughts happening at the same time?

“The short answer for why these seemingly opposite things are happening at once is that climate change is making our atmosphere thirstier. Or, in more scientific terms, as the Earth warms, its atmosphere can hold more water vapor. This happens at an exponential rate: The back-of-the-napkin math is that the atmosphere can store about 7 percent more water per degree Celsius of warming, and we’re currently at about 1.2°C above pre-industrial temperatures. The result is an atmosphere that takes longer to get saturated with water, which means fewer rainstorms, but when they do occur, those storms dump more water at once, resulting in floods.

Paradoxically, our changing atmosphere is also a perfect recipe for drought. Higher temperatures mean water evaporates faster, and when it falls, it’s less likely to fall as the snow that has historically fed many of the American West’s rivers and streams. The rain isn’t very helpful either, since lifting a drought requires a combination of snowfall and long, sustained rainy seasons instead of short, extreme bursts.

“Water infrastructure in the West is built around snowpack,” said Noah Diffenbaugh, a climate scientist at Stanford University. “It doesn’t need to be stored in a reservoir if it’s being stored in the snowpack.” Reservoirs have limited capacity, Diffenbaugh pointed out, so if an extreme rainstorm filled a reservoir beyond capacity, that water — which otherwise might have fallen as snow, or over a longer period of time — would have to be released.

Instead, we see a vicious cycle: As the soil and vegetation in drought-prone regions dry up, they become prone to wildfires and less able to retain water, so when extreme rainstorms roll in, they trigger floods and erosion. The heat makes the water dry up before it has any particular impact on the drought, and the erosion makes the soil even less able to retain water, so the next flood becomes ever so slightly worse. We saw this kind of mid-drought flooding just a week before the floods in the Midwest, when monsoon rains swept through Flagstaff, Arizona.”