California

What do U.S. states do at a COP, anyway?

Newsom’s out, but California and other states continue with robust delegations headed to Scotland

You’ve likely heard that the big annual United Nations climate conference is about to get underway in Glasgow, with nations around the world gathering together to try to advance international climate cooperation.  But it’s not just national representatives who will attend; many subnational jurisdictions, including California and other U.S. states, also send  significant delegations.  Although …

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What 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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Why 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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Reforming the California Endangered Species Act

Updating the state’s landmark biodiversity law for the twenty-first century

California has a rich heritage of biodiversity, with many species found nowhere else in the world (including the iconic giant sequoia trees).  But California’s biodiversity faces grave threats – pressures from development that eliminates habitat; water shortages that harm aquatic species in California’s rivers; and climate change impacts that are shifting and altering habitats, among …

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If not Berkeley, where?

Court order freezing UC Berkeley enrollment raises critical questions about how California provides for equitable growth in the state

This is my final post on the CEQA litigation over UC Berkeley enrollment. For earlier posts, see here (providing background information), here (discussing the implications of considering enrollment decisions to be within the scope of CEQA), and here (discussing whether to expand CEQA to cover socioeconomic impacts). In this final post, I want to explore …

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CEQA and socioeconomic impacts

Why expanding CEQA to cover socioeconomic impacts might harm equity goals

Today I continue my series of blog posts on the CEQA lawsuit over UC Berkeley’s enrollment. My first post provided an introduction to the case and its background; my second post examined the risks of expanding environmental review to small-scale, individual decisions like the enrollment decisions at issue in this case. Today’s post will address …

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What is a project?

Is admitting a student to a university the kind of project requiring CEQA analysis?

Yesterday, I introduced the CEQA lawsuits over UC Berkeley’s expanding enrollment and its potential impacts on the surrounding neighbor. Today, in my second post, I want to explore the implications of applying environmental review statutes such as CEQA to individual, small-scale decisions like university enrollment. The legal question at issue in the case was whether …

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CEQA and UC Berkeley’s Enrollment

A recent court order freezing UC Berkeley enrollment highlights key issues in CEQA

A recent court order, freezing UC Berkeley’s student enrollment at 2021-22 levels, has earned some press attention and notoriety. Commentators on Twitter have accused the lead plaintiffs (residents in the Berkeley area) of being exclusionary NIMBYs. The court’s decision was premised on violations by UC Berkeley of the California Environmental Quality Act (CEQA), a law …

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Tackling Agricultural Methane: Monitoring and Policy Strategies

A review of inventory, monitoring, and regulatory tools needed to reduce agricultural methane emissions

(This post was authored by Eric Peshkin, a JD candidate at NYU School of Law and CLEE summer research assistant) Last week, global leaders announced a commitment to reducing global methane emissions. In a previous blog post, I briefly reviewed some of the innovative strategies to reduce methane emissions from agricultural livestock and rice operations, …

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California Enacts Historic Housing Reform Laws

Legislation Promotes New Housing, Infill Development, & Reduced Air Pollution

The California Legislature recently enacted, and Governor Gavin Newsom last week signed into law, two major housing reform measures.  SB 9 and SB 10 represent California’s most transformative new housing laws in decades, and are a belated but welcome legislative response to the state’s longstanding housing crisis. SB 9, authored by California State Senate leader …

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