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Comment by dcosson

7 hours ago

Why is skipping public review bad news for everyone?

Public review is a blight on the democratic process. Instead of having a set of democratically established laws and regulations that apply fairly to everyone, a small handful of noisy people with too much time on their hands can stop anyone they don't like from doing something that is perfectly legal.

It's an incredibly dumb process and bypassing it is good, actually.

It also has nothing at all to do with whether the environmental regulations themselves are being followed.

Seems to me public review is a failsafe - an acknowledgement that laws and regs can't always keep up with real life harms.

  • Public review in practice is a mechanism for concentrated local interest groups that don't have enough democratic legitimacy to win at the ballot box to instead win via a series of Tuesday night meetings normal people don't go to. There's literature on this: public comment overwhelmingly trends negative. People show up to prevent change. They rarely show up to support it, even if they do support it; normal people feel, reasonably, that their civic responsibility is to vote in actual elections for the policy they support, not to spend their life in City Hall jawboning.

    • I feel like this is a complicated issue, because there are two competing values here.

      On one hand, fair representation is important, and the idea that every person has an equal say in how governmental decisions are made. One person one vote.

      On the other hand, not everyone has the same ‘skin in the game’ for different decisions. For example, if we are deciding if a noisy building should be allowed to be built, someone who lives 5 miles away is not going to be affected by the noise, so they aren’t going to care about that. If someone comes to a community and says “we will give everyone in the community $50 if you let us build this loud building here”, then all the people out of the noise range are going to think that is a great deal. They get $50, and they don’t hear the noise anyway. Why WOULDNT they want to approve that?

      So is it fair for the community to decide to make one (or a few) people miserable for years so they get $50?

      So things like public review that let a “concentrated local interest group” have more power makes some sense if the thing they are reviewing also has a concentrated local impact.

      Of course, there has to be some balance, otherwise we will live in a NIMBY world and nothing will be built.

      1 reply →

    • > normal people feel, reasonably, that their civic responsibility is to vote in actual elections for the policy they support, not to spend their life in City Hall jawboning.

      That's not how the vast majority of this works, and the average best case scenario on this you get to vote a politician out after they already fucked people over.

      1 reply →

I think you have to actually do local politics (I'm assuming you do) to really get just how fucked public comment is as a process, and I think this is an important and useful thing to talk about that just won't be possible to talk about in a data center thread, because of the political valence data centers have taken on.

  • I live near a small town of about 10,000 people that's about 30 minutes away from a "hot commodity" city. The crown jewel of this small town is the main street, which retains a bit of kitschy Americana that has remained charming for decades and even draws tourists, for whatever reason.

    A local business owner bought up one of the blocks in the center of the street and announced plans to demolish it in order to build a 5-over-1 complex several stories higher than any of the other buildings.

    Without the public comment process, he'd have been able to do this practically overnight, completely ruining the street. The public fought back long and hard for many months and eventually won by convincing the town council to vote against the rezoning that would permit this construction.

    I can't say I'm opposed to the public comment process.

    (Note that this was not a case of never-change NIMBYism; tons of other similar buildings are going up all over the town completely unopposed. It was the ugly, generic design and the sheer size put so blatantly in the middle of everyone's favorite part of town.)

    • The fact you're using this as an example of public review being a good thing shows how fucked up the process is.

      You're cheering for the prevention of building new housing in the most valuable, most useful part of the town. I bet it would have kept all the same retail and restaurants in the bottom too, so there would have been zero downside for anyone who actually uses the street.

      Instead a bunch of people with no stake except an aesthetic preference blocked it. How on earth is that a good thing?

    • I don't know, this sure sounds like NIMBYism to me. Public comment was used to organize against multifamily housing units. That's approximately the whole story; I think you pretty much just have to add "organizing against new renewable and grid upgrades" to complete it.

      4 replies →

    • > several stories higher than any of the other buildings

      If the highest other building was 2 stories then it would have been 4 taller. More likely 3? Not several.

      I appreciate your complaint about generic design but damn putting apartments downtown sounds amazing actually, not ruining. Would you have been happy if they had a better design and it was 3 over 1?

  • At least in this instance it's a counterbalance against the psychopathic tech CEOs

    • That's literally what NIMBYs exploiting public comment say: whatever else is happening, at least they're striking back against the psychopathic Private Equity firms who are building all this evil housing.

      11 replies →

Wait, we're talking about public comment.

That doesn't give anyone veto power, the worst people can do is say mean comments and make the listeners feel bad before they do the thing anyway.

Moving to cut off comments is simply breathtaking arrogance, which is on brand for this regime.

> Public review is a blight on the democratic process. Instead of having a set of democratically established laws and regulations that apply fairly to everyone, a small handful of noisy people with too much time on their hands can stop anyone they don't like from doing something that is perfectly legal.

We're talking about data centers, which are deeply unpopular with just about everyone. It's laughable to suggest that skipping public review is a good thing here, because it's only going to result in data centers being sneakily approved contrary to the overwhelming desire of constituents. We can ruminate all day on whether public comments or public review is useful in the grand scheme, but the realpolitik of the situation is that – barring possession of a time machine to go back and elect different representation – it's one of the few levers that constituents have to prevent data centers from moving into their area.

https://www.natesilver.net/p/why-does-everyone-hate-data-cen...

  • > which are deeply unpopular with just about everyone.

    Speak for yourself. Plenty of people support them. The technological progress and economic benefits they bring are good for our country. But are you always an opponent of democracy, or only when you pretend everyone is on your side on an issue?

    • > Speak for yourself. Plenty of people support them.

      Your definition of "plenty" does not match up with the accepted definition.

      > But are you always an opponent of democracy, or only when you pretend everyone is on your side on an issue?

      Have you stopped beating your wife?

"The public having access to information on what corporations plan to do in their communities and having the ability to vote to against what corporations want is a blight on the democratic process" is a crazy stance to take.

What you call "a small handful of noisy people with too much time on their hands" I call "We the People" and it should fall to them to decide what happens in their own communities. It's legal for me to put a hot tub in my living room. My family doesn't have to let me put it there. It's legal to pave over city park in my community and turn them into parking lots, but the people in my city should have a say in that.

Thank you for this take.

It's like giving people excessive discretion. Then if you're someone they don't like (eg. a black person if you're racist), then you deal out a maximalist punishment. If they're someone you do like, you let them off and tell them not to do it again.

Policy like this is just corruption. It allows some people to exercise more rights than others, at the expense of the commons.

Often not everyone is impacted equally by a policy. So it is reasonable to allow, for example, the people living near a potential data center greater say into what happens.

  • See, I think it's better if every vote is counted equally, and people with concentrated or high-amplitude opinions about specific issues don't get extra votes. Different strokes, I guess.