NIMBY

Change is difficult.

Why a California Plan to Build More Homes Is Failing

Interjurisdictional friction makes it difficult to implement policy. This is literally Not In My Backyardism.

‘When California legislators voted in 2021 to eliminate zoning laws that require neighborhoods to have only single family homes, supporters celebrated it as a tool to alleviate the state’s crippling housing shortage. Opponents said it heralded the end of homeownership in the state.

‘Two years after the law went into effect, fierce resistance from local officials, as well as complex hurdles for homeowners to add multiunit buildings to their properties, have kept neighborhoods of only single-family homes dominant in the Golden State.

‘Fewer than 500 property owners have sought to subdivide their land under the law known as SB9, according to state data. The number of new housing units completed is in the dozens.’

Alabama Sues to Stop California’s Climate-Change Power Grab

Federalism is fraying at the edges as states try to impose policies on one another.

‘In recent years, certain blue states have tried a different approach. They now assert that regulating emissions from oil and gas use isn’t a federal matter but a state-law issue for their own courts to decide. Under the pretext of “climate nuisance” and deceptive marketing claims, these states have sought to impose a de facto carbon tax on the American oil and gas industry, potentially creating trillions of dollars in supposed liability.

‘This strategy—backed by a powerful, activist-funded influence operation aimed at judges—has a serious constitutional problem. While the Constitution preserves an expansive realm of state sovereignty, that authority ends at each state’s borders. Alabama doesn’t get to say what law applies in California, and Hawaii can’t regulate conduct in Indiana. Only the federal government can do that, and only when acting within the Constitution’s limited delegations of power. State climate suits violate this arrangement because they claim authority to regulate out-of-state emissions, which would effectively make a small cadre of blue states a junior-varsity federal government, unchecked by voters.’

UAW Files Objections To Mercedes-Benz Unionization Vote

Without irony, the UAW accuses a car manufacturer with German DNA of interfering in a recent unionization vote.

‘The United Auto Workers filed objections to a failed unionization vote at an Alabama Mercedes-Benz plant, pushing for a fresh vote and alleging the automaker had interfered with the election.

‘The UAW filed the objections Friday with the National Labor Relations Board, which oversees unionization votes. The NLRB said its regional office was also investigating six unfair labor practice charges since March filed by the UAW against Mercedes.’

The Secret Ballot Meant Victory for Mercedes-Benz Workers

Perhaps there was more to it than meets the eye.

‘The secret ballot is a game-changer. Last week it protected thousands of Alabama auto workers from being forced into union representation against their wishes.

‘Workers at two Mercedes-Benz factories voted in an election ending May 17 against joining the United Auto Workers, one of the nation’s largest unions. Nearly 4,700 of about 5,100 eligible employees cast ballots, rejecting the union by a margin of 56% to 44%. The outcome surprised many observers because in early April, about 70% of the factory workers petitioned the National Labor Relations Board for an election. That made it seem like unionization was all but guaranteed.

‘But it wasn’t, for a simple reason. The UAW obtained the 70% by asking workers to sign cards indicating their support for unionization—the same cards used for a process called “card check.” The card-check method for union organizing is infamous for encouraging the intimidation and harassment of workers hesitant to join a union by other workers who are pro-union. When your co-workers can see your stance on unionization, you have an incentive to go along with the loudest voices, which typically belong to activists. Union organizers have even been known to visit workers’ homes to urge them to unionize. The use of cards also allows unions to present workers with a one-sided story, which undercuts workers’ ability to make informed decisions.’

What Was Anthony Fauci’s Top Aide Hiding?

We’ll be writing about this in the coming weeks, but the bureaucratic tendency to preserve its reputation, whatever the cost, is something to be counted on. As they used to say of Watergate, the cover-up can be worse than the crime.

‘In other words, NIH officials worried about losing public support if their EcoHealth records were made public. Was this why the Health and Human Services Department in May 2021 blocked FOIA document releases related to EcoHealth and the Wuhan Institute of Virology?

‘Mr. Daszak thought so. “On a cynical note, I suspect HHS is doing this because they feel that Tony Fauci & Francis Collins [then head of NIH] are under pressure, and they don’t want more mud to be slung around,” he wrote to Dr. Morens. The halt on FOIA releases may also have given NIH officials more time to clean out their emails.’

Social media regulation advances

Critics see proposed social media regulation aimed at protecting children as a potential novel tool for censorship. It’s not often that you see conservatives agreeing with the ACLU and members of the LGTQ+ community.

‘Besides the tech firms that oppose the bill, a group founded by former Sen. Rick Santorum (R-Pa.) is warning it would “institutionalize federal censorship standards related to medical information” and could prompt bans on socially conservative or religious material.

‘At the same time, advocates for LGBTQ+ kids and the American Civil Liberties Union are also against it, on the grounds the bill could restrict access to supportive communities online.’

Crypto Regulation Battle Heats Up as House Passes Key Bills, Biden Threatens Veto

The Biden administration threatens to veto the House resolution on crypto regulation, citing it as in conflict with the SEC’s moves in the domain.

‘However, the Biden Administration strongly opposes the resolution, asserting that it would disrupt the SEC’s efforts to safeguard investors and maintain financial stability within the crypto-asset markets. The administration highlighted that SAB 121 was a response to technological, legal, and regulatory risks that have previously led to significant consumer losses. Nullifying this bulletin, according to the administration, would undermine the SEC’s capacity to implement necessary guardrails and manage future risks in the crypto market.’

Modernizing Congressional Oversight of Agency Rulemaking

There is talk in DC of a bipartisan effort to enhance Congressional oversight.

‘But the U.S. Government Accountability Office (GAO) recently proposed changes to this standard picture of legislation and regulation, in response to a request by members of Congress. Those members asked GAO to study options for enhancing Congress’s oversight of agency rulemaking. In its report, GAO recommends that Congress establish two nonpartisan offices that would modernize lawmakers’ monitoring of federal regulation: a Congressional Office of Regulatory Review and a Congressional Office of Legal Counsel.’