California

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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“What stands in the way becomes the way.”

Using current climate policies to address future political barriers to more stringent policy

Countries around the world are struggling with the political and policy challenges of developing effective tools to reduce greenhouse gas emissions and decarbonize their economies.  (See coverage here for Canada, and here for Australia.)   Moreover, even these policy proposals are as of yet inadequate to accomplish the goals of limiting climate change to below two …

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Does California need “Trump insurance”?

State legislature nears decision time over SB 49, which could protect California against federal environmental rollbacks

This Sacramento Bee article is remarkable in describing how aggressively the Trump Administration is now going after California’s efforts to protect the state’s natural resources, including its water resources (see also this LA Times article).  Interior Secretary Zinke is demanding that his agency look for ways to override California water law and force more water …

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Trump administration and California are on collision course over vehicle emissions rules

Meredith Hankins and Nicholas Bryner co-author legal explainer for The Conversation

California and the Trump administration are going different directions on mileage standards. AP Photo/Rich Pedroncelli Meredith Hankins, University of California, Los Angeles and Nicholas Bryner, Louisiana State University The Trump administration on Aug. 2 formally announced a proposal to freeze fuel economy standards and tailpipe emission standards for new cars. In addition, it is proposing …

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Weakening Vehicle Standards Ignores Decades of Successful Innovation in Emissions Control

EPA appears poised to abdicate their responsibility to protect public health

As my colleague Ann Carlson explained, the EPA is expected to announce a catastrophic rollback this week to freeze national vehicle emission and fuel economy standards and challenge California’s authority to set their own, more stringent standards. The Trump EPA’s decision to weaken the vehicle standards despite thorough midterm reviews by both the Obama-era EPA and California that …

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California Supreme Court Rejects Ploy to Limit the Legislature’s Authority to Enact Technology-Forcing Statutes

Court rules for the State in challenge to technology-forcing gun control law

In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun …

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Here we go again…

Two more proposals to provide CEQA relief to sports stadiums

It’s another legislative season in Sacramento, so yet another opportunity for legislators to hand out regulatory goodies to large corporations and wealthy people, in the form of CEQA “streamlining” for the construction of sports stadiums.  There are two bills currently in the queue: AB 734 which would benefit the Oakland A’s and AB 987 which …

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SB 827 and the Concept of Deregulation

When land-use deregulation gets characterized as regulation, and why

Perhaps the biggest topic in land-use law and housing affordability in California over the past couple of months has been a piece of legislation introduced by State Senator Wiener, SB 827.  Ethan has blogged quite a bit about the bill – the basic concept of the legislation is to eliminate or significantly restrict a number …

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United States v. California and SB 50

Federal lawsuit against California’s law to protect federal public lands may not be an easy win

Monday the federal government filed a lawsuit against the state of California challenging SB 50, a state law that attempts to give the state the ability to purchase federal public lands that are sold or disposed of.  The lawsuit has gotten a lot of attention in the press, some with assessments that the federal government’s …

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Why California gets to write its own auto emissions standards: 5 questions answered

Authored by Nicholas Bryner and Meredith Hankins

Rush hour on the Hollywood Freeway, Los Angeles, September 9, 2016. AP Photo/Richard Vogel This article was originally published on The Conversation. Read the original article. Editor’s note: On April 2, Environmental Protection Agency Administrator Scott Pruitt announced that the Trump administration plans to revise tailpipe emissions standards negotiated by the Obama administration for motor …

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