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James's avatar

> As in, if the UK was allowing and even encouraging energy including wind and nuclear

Good news, one of the new Labour governments first acts this week was instantly lifting the ban on new onshore wind in England alongside instant approvals for several large renewable projects that had been stuck in planning application hell for years.

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vectro's avatar

Regarding SB 9, I think a common anti-pattern when thinking about or reporting on legal decisions is to look only at the effect of the decisions on the parties. That’s not (mainly) how our legal system works; we have rules of law in order to make the system predictable and “fair”, in some sense of the word, even if the result is counterintuitive.

In this case the state constitution specifies that the legislature has to cast a particular magic spell in order to override charter cities’ powers, and part of that spell is that the law has to state a particular purpose. The legislature stated the purpose was “affordable housing”, and I think we can all agree (with disapproval perhaps) that the way those two words are used in government does not in fact apply to market rate housing. That a judge reached this conclusion does not make it a “bad decision” from a legal perspective, nor does it mean the judge is imposing a particular political viewpoint. We should all want judges to interpret the law systematically, and give them our particular approval when they do so in a way that is controversial or unpopular.

Can the legislature fix this? Absolutely. Probably. Just change the purpose to “adequate housing supply” or something.

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