Land Use
What I Wish The Green New Deal Hadn’t Left Out
Greening our infrastructure is part of the solution, but so’s city planning.
While there’s certainly been no shortage of criticism of last week’s Green New Deal resolution, the common line hasn’t been that the resolution doesn’t try to cover enough ground. On the contrary, it’s been called an everything-but-the-carbon-sink approach; even Trevor Noah devoted a few minutes of the Daily Show to gaping at the proposal’s efforts …
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CONTINUE READINGLA’s Trying to Build Transit-Oriented Affordable Housing
But could we make it easier?
My colleague Jonathan Zasloff rightly points out that one way to harness the benefits of upzoning to alleviate our housing crisis is to promote inclusionary requirements for transit-oriented development. Los Angeles has adopted just such a program through its Transit-Oriented Communities ordinance, which I’ve written about here. Per the City of Los Angeles’ initial assessment, …
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CONTINUE READINGDeveloping Policy from the Ground Up
New article provides more detailed data and analysis of housing entitlement in the Bay Area
This blog post (and the underlying article) was co-authored by Moira O’Neill, Giulia Gualco-Nelson, and Eric Biber. Our team has released a new article on land-use regulation and housing in the Bay Area, building on our report from last February that explored the role of local law and the California Environmental Quality Act (CEQA) on …
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CONTINUE READINGWe’re Never Going to Meet Our GHG Transportation Goals Unless We Radically Rethink Our Cities
Introducing an ongoing series focused on reducing vehicle miles traveled as a crucial climate mitigation strategy
I’ve been thinking a lot lately about vehicle miles traveled, or VMT. Specifically, why is it so hard to get people to think seriously about reducing VMT as a climate mitigation strategy? Building on my earlier ode to electric scooters, this post begins a semi-regular series on different aspects of VMT reduction strategies, beginning with …
CONTINUE READINGCEQA 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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CONTINUE READINGSB 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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CONTINUE READINGGlobal market for ecosystem services surges to $36 billion in annual transactions
New article in Nature Sustainability tracks global payments for ecosystems services
In the early 1990s, New York City began paying for land management in the Catskills watershed to ensure safe drinking water for the city, avoiding the cost of building an expensive water treatment plant. New York City provides just one example of a growing number of programs – called payments for ecosystem services (PES) – …
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CONTINUE READINGWhat Will Driverless Cars Do To The Climate?
A Formidable Challenge for Policymakers and Modelers
It’s no longer a question of whether driverless cars will appear on the market; it’s when and how many. The answers so far seem to be: 1) soon; and 2) lots. German automakers are so confident of this that they are already negotiating with Nokia to compete to Google’s self-driving cars. For Legal Planet, that means we …
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CONTINUE READINGShut Up, Texas
Environmental Factors Smack Down Another Right-Wing Meme
If like me you are tired of Texans gloating about their supposed “miracle,” today’s post from Kevin Drum brings some good news: For years, business lobbyists complained about what they derided as “job killer” laws that drive employers out of California. Rival state governors, notably former Texas Gov. Rick Perry, made highly publicized visits to …
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CONTINUE READINGWill Regulatory Takings Always Be A Mess?
Takings law is a legal quagmire. It’s likely to stay that way.
I recently reread an article that my late colleague Joe Sax published exactly fifty years ago. It’s a striking piece of scholarship, all the more impressive so early in his career. But one particular statement made a particular impression on me: “Nevertheless, the predominant characteristic of this area of law is a welter of confusing …
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