Podcast Summary: "Why China Builds High Speed Rail - And The U.S. Can’t Build A Tunnel" (#244)
Host: Lynn Thoman
Guest: Philip Howard, Leader of Government Reform in America
Release Date: April 8, 2025

Introduction: The State of American Infrastructure

In episode #244 of 3 Takeaways, host Lynn Thoman delves into the pressing issue of America's stagnant infrastructure development. Highlighting alarming statistics, Lynn notes that in 2021, the U.S. Congress allocated $42.5 billion to expand broadband in underserved areas, yet no funds have been disbursed. Similarly, the 2021 Infrastructure Investment and Jobs Act earmarked $7.5 billion for a national EV charging network, resulting in the construction of only 11 stations three years later. These examples underscore a broader problem: much of America's critical infrastructure, including roads, railways, and electrical systems, remains outdated, relying on facilities built over a century ago.

The Present-Day Infrastructure Crisis

Philip Howard offers a historical perspective, comparing today's challenges to past American infrastructure successes like the Erie Canal and the interstate highway system. He states:

“No, absolutely not. The chances are zero that you could get approval to build a canal like the Erie Canal or to build a railroad over a mountain range.”
— Philip Howard [02:15]

Howard attributes this paralysis to a combination of stringent environmental regulations and a complex web of bureaucratic mandates. These hurdles have made it virtually impossible to initiate new large-scale projects, effectively freezing infrastructure development.

Bureaucratic Barriers and Environmental Regulations

Examining the Biden administration's failed attempt to expand broadband, Howard explains how even seemingly straightforward projects are bogged down by environmental laws and additional requirements:

“The way environmental law is interpreted, it does [impact broadband expansion]. And so you have to get environmental approvals... It’s like a bureaucratic labyrinth of migraine proportions that takes years, years to navigate.”
— Philip Howard [03:00]

He emphasizes that collateral goals, such as mandates for minority-owned businesses, further complicate the process, turning project implementation into a multi-year ordeal.

The Evolution of Public Sector Decision-Making

Howard traces the root of these issues back to the 1960s, a decade marked by significant societal upheaval and a subsequent overhaul of governance structures. In response to abuses of authority and the need for greater accountability, lawmakers introduced comprehensive civil rights and environmental laws. However, Howard criticizes this shift:

“They created a system that's basically paralytic, and the rule books have gotten thicker and the procedures have gotten more lengthy and the rights have become rights for everyone.”
— Philip Howard [07:30]

He argues that the creation of exhaustive rulebooks and procedural requirements has stifled effective decision-making, making it nearly impossible to advance infrastructure projects without getting entangled in endless legal and bureaucratic red tape.

The Quicksand of Approval Processes

When discussing how decisions are made amidst multiple stakeholder groups, Howard illustrates the inefficiency:

“The quicksand consists of thousands of specific requirements that are debated in scores of public hearings and meetings that are then challenged in court and litigation proceedings that themselves take three or four years.”
— Philip Howard [08:51]

This "quicksand" traps projects in perpetual analysis and review, often leading to abandonment due to cost overruns and prolonged timelines. Howard cites the dredging of the Savannah River, a project that languished for 16 years, as a prime example of this paralysis.

Recommendations for Reform: Streamlining Decision-Making

Howard proposes a fundamental overhaul of the current system, advocating for a clear hierarchy of authority to make decisive judgments on infrastructure projects. He suggests establishing a National Infrastructure Board to expedite approvals:

“Replace most of the process before a decision with transparency, a decision and then review by some authority group. In the case of infrastructure, I recommended creating a national infrastructure board that would comment on big infrastructure projects and could approve them.”
— Philip Howard [10:15]

This board would function as a centralized body capable of making swift, accountable decisions, thus bypassing the cumbersome multi-layered approval processes that currently stall progress.

Three Key Takeaways from Philip Howard

As the episode concludes, Philip Howard distills his insights into three actionable takeaways:

1. Law vs. Human Governance:
   “Law can't govern. Humans govern. Law is a framework for governing that requires a change.”
   — Philip Howard [13:20]

   Howard emphasizes the need to transition from a legally rigid framework to one that empowers human decision-making.

2. Simplification and Decentralization:
   “We need to have a decade of reconnexion and simplification so that people take back control of government.”

   He advocates for devolving authority to localized entities like school districts and transportation officials, enabling more responsive and efficient governance.

3. The Importance of Government:
   “In a crowded, interdependent society with a global economy, government is more important, not less important.”
   — Philip Howard [13:20]

   Contrary to popular belief, Howard asserts that government plays a crucial role in a modern, interconnected world and must be reformed to meet contemporary challenges effectively.

Conclusion: The Path Forward

Lynn Thoman underscores Howard's assertion that government, rather than being the enemy, is essential to navigating a complex, globalized society. By implementing his recommendations—streamlining decision-making, decentralizing authority, and re-emphasizing the importance of government—America can overcome its infrastructure stalemate and regain its ability to undertake transformational projects akin to those of the past.

Notable Quotes:

• Philip Howard [02:15]: “No, absolutely not. The chances are zero that you could get approval to build a canal like the Erie Canal or to build a railroad over a mountain range.”

• Philip Howard [03:00]: “The way environmental law is interpreted, it does [impact broadband expansion]. And so you have to get environmental approvals... It’s like a bureaucratic labyrinth of migraine proportions that takes years, years to navigate.”

• Philip Howard [07:30]: “They created a system that's basically paralytic, and the rule books have gotten thicker and the procedures have gotten more lengthy and the rights have become rights for everyone.”

• Philip Howard [08:51]: “The quicksand consists of thousands of specific requirements that are debated in scores of public hearings and meetings that are then challenged in court and litigation proceedings that themselves take three or four years.”

• Philip Howard [10:15]: “Replace most of the process before a decision with transparency, a decision and then review by some authority group. In the case of infrastructure, I recommended creating a national infrastructure board that would comment on big infrastructure projects and could approve them.”

• Philip Howard [13:20]: “Law can't govern. Humans govern. Law is a framework for governing that requires a change... In a crowded, interdependent society with a global economy, government is more important, not less important.”

This comprehensive summary encapsulates the critical discussions, insights, and conclusions presented by Philip Howard in this episode of 3 Takeaways. For listeners, it serves as a valuable overview, highlighting the systemic issues plaguing American infrastructure development and offering potential pathways for meaningful reform.