permitting reform
Reforming CEQA Part 6
Providing for quicker, more expert dispute resolution
This is the sixth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, …
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CONTINUE READINGReforming CEQA Part 5
Creating greater clarity for thresholds of signficance, and default methodologies and mitigation measures
This is the fifth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, …
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CONTINUE READINGReforming CEQA Part 4
Providing greater clarity on the types of impacts covered by CEQA
This is the fourth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, …
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CONTINUE READINGReforming CEQA Part 3
Adding more binding clear standards for CEQA plus focusing alternatives analysis
This is the third in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. In this post, I will discuss two ways to reform CEQA: designating a state agency to …
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CONTINUE READINGReforming CEQA, part 2
Concepts for reforming CEQA as a backstop environmental law
This is the second in a series of six blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. What reforms might be needed in orienting CEQA around a paradigm as a backstop environmental law? The criticism of environmental review that I believe has the …
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CONTINUE READINGReforming CEQA Part 1
Thinking about CEQA as a backstop statute
The qualification for the November ballot of the California Chamber of Commerce ballot initiative rewriting CEQA does create an opportunity, if the legislature is so inclined, to strike a deal with the proponents and do an overhaul of CEQA. As I noted in the last of my series of blog posts on the initiative, there …
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CONTINUE READINGIs BACA Constitutional?
Limitations on judicial review in the initiative might violate separation of powers
The California Chamber of Commerce initiative to rewrite the California Environmental Quality Act (CEQA) has strict limits on judicial review for challenges to agency decisions for projects covered by the initiative. Courts may only hear claims “limited to a public agency’s non-compliance with objective existing laws, and the scope of the court’s review shall be …
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CONTINUE READINGThe 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 READINGThe Path to Abundance, Part V
Abundance reforms will require consensus and trust, which are in short supply in American politics
This is the fifth 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. In my last post I noted some important political challenges to abundance reforms: It is unlikely that they will produce immediate political benefits, but …
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CONTINUE READINGThe Path to Abundance, Part IV
Abundance reforms may not produce immediate political benefits, and may see significant backlash
This is the fourth post in a series of six posts. The first post is here. The second post is here. The third post is here. As I discussed in my last blog post, abundance policy reforms will necessarily require tradeoffs, which leads us to politics. Will the political context allow for making decisions about …
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