land-use law.
The Path to Abundance, Part VI
Abundance reforms at the federal level may have the most political success if they are low-salience, and elite driven
This is the sixth post in a series of six posts. The first post is here. The second post is here. The third post is here. The fourth post is here. The fifth post is here. As I discussed in my last blog post, the politics of abundance reform are difficult. Reform often requires short-term …
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CONTINUE READINGA State Density Bonus Loophole?
State density bonus law may allow a large mismatch between affordable housing provided and the additional density a proponent gets.
This is the second in two blog posts about state density bonus law and its potentially unintended consequences. The first post is here. As I noted in my prior post, the basic concept of state density bonus law is that if a project proponent includes a certain amount of affordable housing in their project, they …
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CONTINUE READINGDear 2025 1L:
Avoiding a climate disaster isn’t something today’s students can plan on tackling “over the course of their careers.” The most critical time will be the next fifteen years, which means you’ll need to get to work quickly.What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So grab your books, get yourselves ready, and be prepared to head for the trenches when you graduate. No time to waste!
CONTINUE READINGBalancing 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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