land-use law.
Balancing fire risk and housing
How can California reconcile the dual needs of managing for fire risk and producing more housing?
This is the last in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. In this blog post, we’ll discuss …
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CONTINUE READINGWhat is being built in the WUI?
What our data says about development in the WUI in California
This is the third in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. In this blog post, we summarize …
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CONTINUE READINGCalifornia Law in the WUI
California’s legal framework for development in the wildland-urban interface
This is the second in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. These blog posts summarize our recent …
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CONTINUE READINGBuilding to Burn
Examining whether California law facilitates development in fire-prone areas
All too many Californians have lost their homes, and even their lives, as fires have raced through exurbs, suburbs, and even portions of towns and cities over the past several years. A key issue that policymakers are wrestling with is the extent to which new development has increased the risk to people and property from …
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CONTINUE READINGNow You’re in Law School. What Should You Take?
There’s more than one path to environmentally meaningful work.
On Monday, I explained why this is an especially urgent time for new law students to be thinking about the climate crisis and how they can contribute as lawyers. The next question is how to prepare for that work. Here’s what I would say to a student in that position: The first thing to realize …
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CONTINUE READINGWhat power does the state have over land-use regulation in California?
State court concludes that state does have the authority to intervene in local regulation of land-use
A big court ruling in California land-use law happened last month – and it has really large implications for the state’s efforts to address California’s housing crisis. The lawsuit is a challenge by a pro-housing advocacy group (California Renters Legal Advocacy and Education Fund (CARLA)) to a decision by the City of San Mateo to …
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CONTINUE READINGWhy Local Governments Underproduce Housing
Local control over land-use regulation means local governments focus more on the harms than the benefits of housing
As governments in California and across the United States wrestle with how to address soaring housing costs, a significant flashpoint has been the issue of local control. Most land-use regulation in the United States is done by local governments: cities, counties, towns, villages. In California, much of the legislation intended to increase housing production has …
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CONTINUE READINGHow Cities Can Use California’s Housing Element to Get New Housing Built
New changes in state law allow local governments to commit to long-term production of housing
Over the next two years, cities across the state of California will undertake a state-mandated process to update the “housing element” of their general plans for land use. Cities must demonstrate that they have—or will provide—adequate zoned capacity to accommodate their share of “regional housing need,” a figure which is determined by the state Department …
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CONTINUE READINGMaking It Work: Administrative Reform of California’s Housing Framework
How recent legislative changes have been the state greater power to enable prohousing policies
This blog post is coauthored by Chris Elmendorf, Eric Biber, Paavo Monkkonen, and Moira O’Neill. As California’s housing crisis swirls through the national news, attention has focused on statewide upzoning bills. Sen. Scott Wiener’s ballyhooed effort to allow 4-5 story buildings near transit was tabled until 2020, but earlier this fall the legislature effectively terminated …
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CONTINUE READINGNew report on housing entitlement in LA
Report covers regulatory approvals for residential projects in four LA cities in 2014-16
I’ve blogged previously about work that a team here at UC Berkeley (Moira O’Neill, Giulia Gualco-Nelson, and myself) have been doing on studying land-use regulation, environmental law, and housing production in California, to get a better sense of how regulatory processes may be driving the housing crisis in the state, and eventually to produce specific …
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