local government
A Warning to Local Planners in California
If Proposition 45 is passed, you may get blindsided by projects you cannot stop. You may want to prepare yourself.
A lot of the debates over BACA, the Cal Chamber supported initiative to fundamentally change CEQA (Proposition 45 on the ballot) focus on the initiative’s impacts on CEQA. But from a local government and planning perspective, I would argue that far more important are the sweeping vested rights provisions in the initiative. As I noted …
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CONTINUE READINGLand-Use Law and Wildfire
Creating incentives for local and state governments to manage development in high-risk areas
This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. This is the fifth in a series of blog posts on our proposal to reform wildfire law in the United States. The first post is here. The second post is here. The …
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CONTINUE READINGCan We Avoid Another Day Zero?
From Texas to the Global South, Local Governments Need New Tools To Protect Their Water
You might recall “Day Zero,” when in 2018, the City of Cape Town came perilously close to running out of water entirely. Only severe rationing and a good rainy season saved the Mother City. Now it looks like Corpus Christi Texas might be the next victim. Two years ago, I received a Fulbright Scholarship to …
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CONTINUE READINGA Framework for Equity and Local Leadership in the EV Transition
New tools to help local governments plan for equitable and effective investments
Eliminating fossil fuel-powered vehicles from the road is necessary to fight climate change and save thousands of lives at risk due to poor air quality. As governments and the auto industry advance the switch to electric vehicles, this rapid technology transition may disrupt traditional mobility patterns–and, without equitable planning and policy, it has the potential …
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CONTINUE READINGClimate, Energy, and Environment on the Ballot
Ballot measures in Washington and California are especially important but others are worth noting.
The two biggest state initiatives are a $10 billion green bond proposal in California and a proposed rollback of Washington State’s new cap-and-trade program. The outcomes of these and other initiatives will provide a barometer of public sentiment on environmental issues.
CONTINUE READINGWhen Communities Take Over Their Energy Systems
Is Local Control A Good Thing? It’s Complicated . . .
This Post was Co-Authored by Sharon Jacobs and Dave Owen. For many decades, most people in the United States have obtained their electricity from a large investor-owned utility company (IOU). They had no real choice. Much of U.S. energy law was built on the belief that the best way to provide electricity was to give …
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CONTINUE READINGGetting to Implementation
The Status of Local Climate Action in California
This post is co-authored by CLEE Climate Policy Fellow, Hanna Payne In the arc of climate action, we are firmly in the era of implementation. As climate change accelerates, communities across the state are experiencing the effects of a changing climate. To avoid the worst of these impacts, it is critical that we rapidly implement …
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CONTINUE READINGUCLA Law Clinic Files Amicus Brief Seeking Review of Decision in Berkeley Gas Case
The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.
Yesterday, the UCLA Environmental Law Clinic filed a brief in the California Restaurant Association v. Berkeley case on behalf of seven law professors: our own William Boyd, Dan Farber and Sharon Jacobs at UC Berkeley, Jim Rossi at Vanderbilt, David Spence at UT Austin, Shelley Welton at UPenn, and Hannah Wiseman at Penn State. (The …
CONTINUE READINGWhat’s Next in the Fight over Berkeley’s Natural Gas Ordinance
In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.
The City of Berkeley just filed a petition for en banc review in its long-running litigation in defense of an ordinance it passed that restricts natural-gas infrastructure in new construction. This litigation has been watched by many in the climate-policy world because of the popularity of laws like Berkeley’s; it took on new relevance for local-authority …
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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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