CEQA reform Archives - Legal Planet

CEQA reform

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

More than a year ago, California’s Little Hoover Commission convened the first in a series of public hearings designed to interrogate the California Environmental Quality Act (CEQA) as well as Californians’ often tense relationship with that landmark legislation. In recent years, some pro-housing advocates have pointed to CEQA as the bogeyman driving the state’s affordable …

Continue reading “Little Hoover Commission Releases Flawed CEQA Report”

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 …

Continue reading “SB 827 and the Concept of Deregulation”

Is CEQA the problem?

Developing a better understanding of how land-use law and housing production interact in California

On Friday, the Governor signed a package of housing bills intended to help address the soaring costs of housing in many metro areas in California. Follow-up coverage of that bill package has (rightly) indicated that those bills are a drop in the bucket in terms of addressing California’s housing crisis. One theme that emerges in …

Continue reading “Is CEQA the problem?”

California releases proposed rule to implement streamlining of environmental review for new California infill developments

As part of an effort to create more walkable, livable communities that reduce vehicle miles traveled and the greenhouse gas emissions that those vehicles generate, California is removing barriers to infill development. Our governor and legislature are trying to create communities of homes and retail businesses that are closer together and closer to public transit. …

Continue reading “California releases proposed rule to implement streamlining of environmental review for new California infill developments”

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Judicial Review After Loper Bright

We used to have the Chevron test? What test do we have now?

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

CEQA reform

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

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

Developing a better understanding of how land-use law and housing production interact in California

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.