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Culture War Roundup for the week of January 19, 2026

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The YIMBY/Abundance types will constantly point out that this was a policy/culture choice that happened in the latter part of the 20th century.

We used to be just fine at massive public works projects, including railroads.

It's not an inherent feature of the common law, and in fact typically involves the violation of property rights due to e.g. environmental concerns. What changed is the regulatory environment.

Nothing proves this more than the fact it is extremely difficult to build green energy in California because of environmental regulations.

I thought the bulk of US (and, for that matter, British) rail construction in the 19th century was due to the private sector, not public works, hence the rise of the so-called robber barons.

But this doesn’t really contradict your main point: in those days, the law was written/interpreted in ways favorable to rail companies and their interests, and thus they had free rein to “build, baby, build”. Nowadays, any legislator who proposed such a pro-growth regulatory environment would be raked over the coals as a corporate shill in the pocket of Big Business.

I wish Noah Smith, Matt Yglesias, and the rest of the YIMBY/Abundance gang the very best of luck in threading that particular needle in California. They’re gonna need it.

I thought the bulk of US (and, for that matter, British) rail construction in the 19th century was due to the private sector, not public works, hence the rise of the so-called robber barons.

The railroads themselves were built by private operators, but they typically involved some level of state involvement; usually in order to acquire the rights-of-way they were built on either the land was seized and then granted/sold to them by the government, or they were granted limited powers of eminent domain by the state. So in either case they were still operating within a similar legal environment. In Canada and the US the government was fond of subsidizing railway development by offering massive land grants that the railway companies could then develop/flip/use to their purposes.

It's clearly a policy choice to take continually expanding First Nations' claims (one of the blockers for infrastructure in Canada) seriously. Granted, it's not purely a legislative decision - the judiciary has its role here. But nobody forced Trudeau to enshrine these rights even further by rolling the UNs view of native rights into law and making it a part of his administration (even after he left Canada was paying off claims)

Environmentalists help it along by cynically claiming FN have an absolute right of veto, which conveniently suits their interests.

Certainly so far Carney has established very different messaging with respect to First Nations' involvement in infrastructure projects. It's been made very clear they no longer have a veto, and that the duty to consult does not mean the duty to acquire their consent. We'll see what that actually looks like in action, and at some point the courts are going to wade in and have their say, but the flip from the Trudeau government is quite notable - so far.