In February, after yet another court decision stalling sorely needed housing development, Gov. Gavin Newsom declared that California’s landmark environmental law is “broken.”
The California Environmental Quality Act, known as CEQA, is supposed to protect the environment by requiring governments to study and mitigate any harms of development before they approve it. But as Newsom noted, CEQA has been “weaponized” by “wealthy homeowners” (among others) to block housing — often in the urban and suburban areas where people have the least environmental impact.
And housing isn’t all that’s on the line. To meet the state’s greenhouse-gas emission targets — and secure its share of federal green-energy funding— California needs to quickly approve wind and solar energy projects, electricity transmission lines, car-charging networks and mass transit. To that end, in May, the governor unveiled an 11-bill infrastructure package to “assert a different paradigm.” No longer would we “screw it up” with “paralysis and process.” Going forward, the state would commit itself to “results.”
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Newsom’s bold rhetoric implied that big reforms were in the offing. But the package included only two incremental CEQA reforms, neither directed at housing.
One allows the governor to designate more “environmental leadership” projects for which the courts are supposed to wrap up any legal challenges within 270 days. If a case takes longer to resolve and remains stuck in legal limbo, however, the governor’s bill provides no legal remedy.
The other measure seeks to narrow the “administrative record” in CEQA cases. Often, compiling the administrative record — all the information involved in an environmental review that was available to the government and is germane to the court case — can result in extensive delays because it takes a long time to assemble all the required documents.
Newsom proposed to mitigate this problem by excluding from the administrative record “internal communications” within an agency that are not presented to the final decision-makers. This was a baby step.
And yet even this minor change elicited outrage from more than 100 organizations that call themselves environmentalist. They asserted, confusingly, that the governor’s reform would make it “prohibitively expensive and difficult to … assemble an administrative record, making judicial remedy something only the rich can afford.”
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“This is ridiculous!” Newsom vented. Then he caved.
The language about internal agency communications was stripped from his bill before he signed it into law last week, replaced with a symbolic carve-out for “meeting invitations and scheduling communications” — which are never relevant to a CEQA case.
In sum, Newsom’s big push to reform a “broken” law won him a statutory right to implore judges to speed up a few more cases — and little else.
If you want to see what real reform looks like, look north. Washington state legislators voted overwhelmingly this year to eliminate environmental review for everyurban housing project that conforms to a city’s general plan and zoning laws. Deep-green Oregon, meanwhile, never saw the need for a CEQA-like law. It adopted urban growth boundaries instead, preserving the countryside while allowing cities to approve new housing without the “paralysis” Newsom bemoaned.
Oregon and Washington, in other words, chose results.
Oddly, amid all the Sturm und Drang occasioned by the governor’s infrastructure package, Newsom has refrained from using his regulatory authority over CEQA. The law says the Governor’s Office of Planning and Research and the state Natural Resources Agency may refine and clarify CEQA’s often-vague requirements by issuing “guidelines.” New guidelines could bolster exemptions for urban and suburban housing, make new exemptions for electricity transmission or create a statewide environmental zoning map and calibrate the intensity of reviews according to the sensitivity of a given zone.
Yes, Team Paralysis would throw conniptions and file lawsuits. And many moons ago, a court did strike down an effort to streamline CEQA through the guidelines. But the California Supreme Court later disapproved of that decision.
The field belongs to the governor. If nothing else, an overhaul of the guidelines would set the agenda for the Legislature and the courts. If CEQA is truly broken, it’s surely worth taking some legal and political risks to fix it.
Chris Elmendorf is a professor of law at the UC Davis School of Law.
Asia, the world’s largest continent, boasts a rich history that dates back to ancient times. It is home to over forty-eight countries, each with its own unique culture and traditions. Many of these countries were once empires that spanned multiple cities, regions, and even other continents. These empires left an indelible mark on Asia and the world, shaping the cultural, economic, and social landscape of the region. Regardless of their origins, the legacy of these great empires continues to be felt today.
1. The Mongol Empire
The Mongol Empire was founded by Genghis Khan in the 13th century and lasted until the mid-14th century. The empire was one of the largest in history, stretching across Asia and parts of Europe. The Mongol armies were successful due to their military strength, tactics, and willingness to incorporate the cultures of conquered peoples. After Genghis Khan’s death, the empire was divided among his successors, including Kublai Khan, who founded the Yuan Dynasty in China. The Mongol Empire also had a significant impact on world history, including the spread of the Black Death. Today, the legacy of the empire can still be seen in the languages, cultures, and traditions of its former territories.
2. The Qing Dynasty
The Manchu Dynasty, also known as the Qing Dynasty, held the last imperial rule over China from 1644 to 1912. It was renowned for its robust centralization, efficient bureaucracy, and formidable military, which enabled significant territorial expansion in the 18th century. While the dynasty fostered considerable economic and cultural development, it also grappled with internal rebellions, foreign assaults, and economic challenges. Despite its efforts to modernize and reform, the Qing Dynasty was ultimately toppled by the Xinhai Revolution, unable to adapt to the evolving global environment.
3. The Joseon Dynasty
The Joseon Dynasty was a Korean kingdom that lasted for over 500 years, from 1392 to 1910, founded by King Taejo Yi Seong-Gye. It saw significant cultural, scientific, and artistic achievements, such as the development of the Korean alphabet, the publication of the first Korean encyclopedia, and the creation of the distinctive Korean pottery known as Joseon Baekja. The dynasty also experienced numerous political and social changes, including introducing a rigid class system known as the Yangban and adopting Neo-Confucianism as the state ideology due to the growing influence of foreign powers like China and Japan. The dynasty was ruled by a series of monarchs, like King Sejong the Great. However during the later years of the dynasty, it became politically unstable with economic decline and foreign intervention, which caused the annexation of Korea by Japan in 1910. The Joseon dynasty left an indelible mark in Korea as it is the bedrock of modern Korean culture, etiquette, norms, and societal attitudes.
4. Maurya Empire
The Maurya Empire, founded by Chandragupta Maurya, was a dominant ancient Indian empire that existed between 322 BCE and 185 BCE. Its territory was extensive, spanning the majority of the Indian subcontinent, Afghanistan, and Iran. Emperor Ashoka’s reign marked the empire’s pinnacle, acclaimed for its progressive political, economic, and administrative systems, in addition to Ashoka’s role in propagating Buddhism. Following Ashoka’s demise, weak rulers and foreign invasions led to the empire’s fall and disintegration into smaller kingdoms. The Maurya Empire’s impact on Indian culture, including art, architecture, and philosophy, endures even to this day and is symbolized by the Ashoka Chakra emblem, still prevalent in modern-day India.
5. Mughal Empire
From 1526 to 1857, the Indian subcontinent was ruled by the Mughal Empire, a dominant power founded by Babur after his victory over the Sultan of Delhi. The reign of Emperor Akbar marked the empire’s zenith, characterized by effective governance, acceptance of diverse religions, and generous patronage of art, music, literature, and architecture. The Taj Mahal and Red Fort are among the famous architectural wonders of the Mughal era. However, the empire declined in the 18th century due to inadequate leadership, economic stagnation, and the emergence of local powers. Ultimately, the Indian Rebellion of 1857 resulted in the dissolution of the Mughal Empire.
6. The Yuan Dynasty
The Yuan dynasty was established by Kublai Khan, a grandson of Genghis Khan, who conquered China and made Dadu (now Beijing) its capital. During this period, China was ruled by the Mongol Empire, and the Han Chinese population was marginalized. Despite this, the dynasty saw significant economic growth and cultural exchange, with Kublai Khan investing in infrastructure projects and welcoming foreign merchants. The dynasty came to an end due to economic problems, political instability, and popular uprisings, with the Han Chinese rebel leader Zhu Yuanzhang founding the Ming dynasty in 1368.
7. Tang Dynasty
The Tang dynasty reigned over China from 618 to 907 CE, known as the “golden age” of Chinese civilization. It was a period of cultural, economic, and social development, and China became the world’s most populous country and a major center of trade and culture. Literature, art, philosophy, and technology experienced significant advancements, with famous poets and novelists emerging, and Tang art was known for its vibrant colors and intricate designs. The dynasty was marked by religious tolerance, with Buddhism, Taoism, and Confucianism all flourishing, and it had a strong centralized government supported by a powerful military and efficient bureaucracy. Despite its many achievements, the Tang dynasty eventually declined due to economic problems, military conflicts, and political instability, ending in 907 CE.
8. Pala Empire
The Pala Empire, which existed from the 8th to the 12th century CE, was a significant and powerful empire in South Asia, spanning parts of present-day Bangladesh, India, and Nepal. The dynasty was founded by Gopala in Bengal and reached its peak under Dharmapala, who expanded the empire’s borders and promoted Buddhism and culture. The Palas were known for supporting the arts, literature, and scholarship, including the famous Nalanda University. However, the empire declined in the 12th century due to internal conflicts and invasions from outside forces, ultimately being conquered by the Sena dynasty. Despite its decline, the Pala Empire had a lasting impact on South Asian history and culture.
9. Safavid Empire
The Safavid Empire, which ruled Iran from 1501 to 1736, was established by Shah Ismail I, who made Twelver Shi’a Islam the state religion and Persian the official language. The empire was renowned for its military strength, art, architecture, and contributions to Persian literature. During the reign of Shah Abbas I, the Safavids experienced their greatest expansion and implemented reforms to strengthen their economy, military, and administration. The empire faced challenges from the Ottoman Empire and the Uzbek Khanate in Central Asia, and ultimately succumbed to military defeats, political instability, and economic crises, leading to its downfall in 1736. Nevertheless, the Safavid Empire left a lasting impact on Iranian culture, particularly in the areas of art, architecture, and literature. Today, Iran continues to be predominantly Shi’a Muslim and Persian remains the official language, reflecting the Safavids’ enduring legacy.
The great Asian empires have played a significant role in shaping the region’s history and the world. From the Mongol Empire’s military prowess to the Tang Dynasty’s “golden age”, each empire left a lasting legacy. While some empires faced challenges and eventual decline, their legacies continue to influence the identities and aspirations of people across Asia and beyond. The impact of these empires can be seen in the languages, cultures, and traditions of their former territories, making them an essential part of Asia’s rich and diverse history.
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Senators Tina Smith (D-Minn.) and Mike Rounds (R-S.D.) introduced this week new legislation that aims to address a shortage of affordable housing in rural communities. The lawmakers say the bill would represent “the most significant Rural Housing Service reforms [in] years.”
If passed, the bill, known as Rural Housing Service Reform Act of 2023, would “improve federal rural housing programs, cut red tape, and strengthen the supply of affordable housing” and would “improve and build upon a number of U.S. Department of Agriculture (USDA) rural housing programs,” according to a press release from Sen. Smith’s office about the bill.
“This legislation makes important improvements and updates to the Rural Housing Service that will create and preserve affordable housing opportunities in South Dakota,” said Sen. Rounds. “As we face an affordable housing crisis across the nation, I look forward to working with my colleagues to get these important, bipartisan updates signed into law.”
In particular, the bill aims to fix what the senators describe as a “longstanding problem for [515] properties that were financed by the USDA decades ago and now have maturing mortgages, by making it easier for non-profits to acquire those properties and by decoupling rental assistance so that assistance doesn’t disappear when those mortgages mature.”
Otherwise known as “rural renting housing loans,” USDA Section 515 loans are “direct, competitive mortgage loans made to provide affordable multifamily rental housing for very low-, low-, and moderate-income families, elderly persons, and persons with disabilities.”
The bill would make it easier for non-profits to acquire properties with Section 515 loans. It would also decouple the related rental assistance so that the assistance doesn’t disappear when the mortgages mature.
In addition, the bill would make permanent a USDA pilot program that provides mortgages to Native American communities through partnerships with community development financial institutions (CDFIs).
Technology is also a focus of the bill. In addition to the other priorities, the bill would allow the USDA to make better investments in its information technology infrastructure. The senators contend that this would allow the USDA to “process loans more quickly and with less staff time wasted on paperwork or manual data entry.”
Another area of focus are the USDA’s methods of measuring incomes, which are “outdated,” according to language in the bill. If passed, the bill bring those methods in line with the way incomes are measured by HUD.
The bill would also “modernize” the USDA’s foreclosure practices to better ensure affordability, the senators said.
Smith and Rounds have been heavily focused on affordable rural housing issues recently, with both senators spearheading hearings on the topic in order to develop a plan.
“Without a safe, affordable place to live, nothing else in your life works. Not your job, not your education, not your health,” Sen. Smith said in a statement. “We know that the housing crisis is hurting communities across the country, and the problem is particularly acute in rural places. This legislation is the direct result of bipartisan hearings and conversations with stakeholders who helped identify ways we can make federal rural housing programs work better for people struggling to find a safe, affordable place to live.”
Natalie Maxwell, managing attorney for the National Housing Law Project, recently told The Hill that approximately 560,000 renters who live in apartments financed by Section 515 are under threat due to the mortgages maturing or due to a loss of eligibility related to other reasons.
“In rural communities, the Section 515 program has been a critical source of affordable housing especially for low-income seniors and people with disabilities,” Maxwell told The Hill. “Congress can and must do more to preserve these properties for families living in poverty.”
The U.S. Department of Housing and Urban Development has also turned its attention toward the needs of rural areas recently, including through proposals that seek to expand broadband internet access to a greater number of rural communities.
U.S.
President Donald Trump’s administration last week put forward
several proposals aimed at modernizing the Federal Housing Finance
Agency and ending the federal government’s decade-long
conservatorship of the government-sponsored enterprises.
The
proposals came following a demand from President Trump that
responsible agencies come up with some meaningful reforms to the
system, in order to reduce risk for taxpayers in future economic
downturns.
The U.S. government took control of Fannie Mae and Freddie Mac during the 2008 financial crisis, putting it under the conservatorship of the FHA. It also invested $191 billion into those agencies. Since then, both Fannie and Freddie have returned to profitability, and paid back almost $300 million into the U.S. Treasury, the Los Angeles Times reported.
Besides
ending conservatorship, the government has suggested various reforms
to protect Fannie and Freddie in future, including expanding private
markets and creating more competitors in the home loan industry. The
timeline for the proposals is still vague, and more details will be
provided in future, but the National Association of Realtors was
quick to commend the initiatives.
“We look forward to reviewing the proposal in more detail and are optimistic that, at a minimum, the White House’s efforts will shed light on the remaining mile markers on the path to reform, along with the critical role GSEs and the Federal Housing Administration play in America’s housing market,” NAR President John Smaby said in a statement.
Smaby
added that the association remains committed to working with the
White House and Congress to secure “pragmatic improvements to our
housing finance system.”
He
further said the NAR will remain vigilant in negotiating provisions
to protect the housing market and the important role government plays
in ensuring the flow of capital for housing.
The
NAR had previously proposed its own blueprint for GSE reform, which
“highlights competition, protects taxpayers, and remedies the
failures of the pre-crisis system while ensuring equal access for
responsible, mortgage-ready Americans in every community—safeguarding
the role the GSEs were intended to play in our housing market,”
Smaby said.
The
Obama Administration also released a housing finance reform proposal
in 2011. Like that proposal, the new White House proposals face high
regulatory and legislative hurdles, and NAR analysts say you can
expect no change in the near term.
Mike Wheatley is the senior editor at Realty Biz News. Got a real estate related news article you wish to share, contact Mike at [email protected]