Land Use

Cap-And-Trade Extension A Lifeline For High Speed Rail

Auction proceeds will continue to fund the train and other transit, housing and energy programs

As Cara posted, the California Legislature scored a super-majority victory last night to extend the state’s signature cap-and-trade program through 2030. It was a rare bipartisan vote, although it leaned mostly on Democrats. Lost in the politics is what this means for high speed rail. The system has a fixed and dwindling amount of federal […]

Continue Reading

California Supreme Court Upholds Regional Planning Agency’s Greenhouse Gas CEQA Analysis, and Sets Out Principles to Ensure Better Analysis in the Future

Decision Will Help Ensure Development and Transportation Planning in California Supports GHG Reduction Efforts

In May, Rick Frank posted his reflections on the oral argument in the California Supreme Court on Cleveland National Forest Association v. San Diego Association of Governments (SANDAG), and predicted that SANDAG would win the case.  His prediction has proved correct with the release of the Court’s opinion last week – but SANDAG’s narrow win provides a […]

Continue Reading

Breaking News: Coastal Commission Prevails in Major California Supreme Court Case

Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition

The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights.  Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited […]

Continue Reading

How Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?

The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult

On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects.   The proposed action the agencies announced last week, […]

Continue Reading

Fencelines

The Supreme Court rules on how to define a parcel of property under the Constitution

The Supreme Court ruled today on Murr v. Wisconsin, a takings case that could have potentially had a major effect on land use regulation.  The Supreme Court has ruled that a “taking” of private property exists if the state prohibits all economically beneficial use  of property.  Naturally, lawyers have gleefully litigated the question of how […]

Continue Reading

Planning for Utility-Scale Solar PV in the San Joaquin Valley

Free evening panel discussion in downtown San Francisco on Tuesday June 6th, 5:30 – 7pm

California aims to generate 50 percent of its electricity from renewable sources by 2030, and a new bill now in the legislature seeks to get to 100% renewables by 2045. A significant amount of this energy will come from solar photovoltaic (PV) installations, with much of the deployment likely to occur in California’s San Joaquin […]

Continue Reading

Whither WOTUS?

Trump ordered agencies to reconsider Clean Water Act jurisdiction. Easier said than done.

President Trump ordered EPA and the Army Corps to review the Obama Administration’s WOTUS rule, which sets expansive bounds on federal jurisdiction over water bodies and wetlands. The agencies have sent the White House a proposal to rescind the WOTUS rule and revert to earlier rules until they can come up with a replacement. In my […]

Continue Reading

Look Out Below!

U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California

The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. […]

Continue Reading

Where To Build Housing In California Through 2030

Join Berkeley Law’s Free Webinar On Wednesday, May 17th, 11am to Noon

California isn’t building enough housing to meet jobs and population growth, and what housing is getting built is happening too much in sprawl areas on greenfields. While this greenfield-focused development may please pro-sprawl conservatives, it will worsen traffic and air pollution and keep the state from meeting its long-term environmental goals. To discuss where and […]

Continue Reading

Finally, some good news from Congress

The Senate voted 51-49 Wednesday morning against considering a resolution to repeal Obama-era regulations targeting methane emissions from oil and gas operations on federal lands. The Senate was considering whether to vote on rolling back the rule under the Congressional Review Act, which allows the Senate to repeal rules within 60 days of enactment. Three […]

Continue Reading