Land Use

A Global Standard for a Global Problem

Emmett Institute Submits Comment in Support of CARB’s Proposed Tropical Forest Standard

The Emmett Institute submitted a comment to the California Air Resources Board (CARB) yesterday in support of its proposed Tropical Forest Standard (“Standard”).  If approved, this Standard would provide CARB a set of criteria to follow when determining whether to trade tropical forest offsets between California’s Cap and Trade Program and a foreign emissions trading […]

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VMT Mitigation Webinar – Tuesday October 30, 10-11am

Berkeley Law’s free event will feature the Governor’s Office of Planning and Research

Under Senate Bill 743 (Steinberg, 2013), California law now requires developers of new projects, like apartment buildings, offices, and roads, to analyze and mitigate the amount of additional driving miles the projects generate. To facilitate compliance with SB 743, some local and regional leaders are considering creating “banks” or “exchanges” to allow developers to fund […]

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Land Use Planning, Transit, and the Dodgers: The Legal Planet World Series Special

Stop the Myths About Evil Walter O’Malley

Since the World Series starts in a few hours, I fully expect the standard kvetchers to come out of the woodwork and complain about Los Angeles stealing the Dodgers from Brooklyn, etc. Peter Golenbock, in Bums: An Oral History of the Brooklyn Dodgers, compares O’Malley to Hitler and Stalin. Nonsense. It is time to set […]

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CEQA and Local Land Use Regulations: Shakedown Street

Local Government Discretion Has Powerful Political Support

Eric’s post the other day about CEQA and local land use regulation states an important and often-overlooked truth: environmental review can only hold up a project if it is discretionary. If local land use regulations state clearly what a developer can and cannot do, then no amount of environmental review could change a decision, and […]

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CEQA and Local Land-Use Regulations

California gubernatorial candidates debate the role of CEQA and local land-use regulations in the state’s housing crisis

The first (and probably only) debate in the California governor’s race happened earlier this week between Democratic nominee Gavin Newsom and Republican nominee John Cox.  Appropriately enough both candidates were asked how they were going to address the state’s housing crisis.  Newsom’s response was an ambitious target of 500,000 new homes/year through 2025 (far higher […]

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Wildfires: Managing the Risks

How can we limit the spread of wildfires and save people and property?

Wildfires are already a serious problem, and climate change will only make the problem worse, as I’ve discussed in my two prior posts. Reducing carbon emissions can help keep the problem from growing, but we need to deal with the risks we’re already facing. That is going to require a portfolio of risk management strategies.  We […]

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If You Can Buy a Coast, You Can Buy a Newspaper

Supreme Court’s California Coast Decision Will Be Back, No Matter What the Papers Say

High-fives, or at least, sighs of relief, from environmentalists this week, as the Supremes denied cert in Surfrider Foundation v. Martin’s Beach, a case where Sun Microsystems founder and multibillionaire Vinod Khosla challenged aspects of California’s Coastal Act. Article after article after editorial is celebrating this as a great victory for the environment and the […]

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Mitigating Increased Driving Miles From New Projects Under CEQA

New Berkeley Law/CLEE report released today; Webinar discussion on Tuesday, October 30th

California law now requires developers of new projects, like apartment buildings, offices, and roads, to reduce the amount of overall driving miles the projects generate. Senate Bill 743 (Steinberg, 2013) authorized this change in the method of analyzing transportation impacts under the California Environmental Quality Act (CEQA), from auto delay to vehicle miles traveled (VMT). […]

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What is the role of CEQA in California’s housing crisis?

Ongoing research suggests that CEQA is more a symptom than the cause of the problem.

This blog post was authored by Moira O’Neill, Giulia Gualco-Nelson, and Eric Biber. Discussions about what laws and regulations might drive up housing costs continue in California. One reoccurring theme in the media is the question of whether the California Environmental Quality Act (CEQA) significantly contributes to the housing crisis in California by either driving […]

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A Loss for Trump — and for Coal

Trump Administration Loses Yet Another Environmental Case

Understandably, most of the attention at the beginning of the week was devoted to the rollout of the Trump Administration’s token effort to regulate greenhouse gases, the ACE rule. But something else happened, too. On Tuesday, a D.C. Circuit ruling ignored objections from the Trump Administration and invalidated key parts of a rule dealing with […]

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