California

Wildfires, CEQA, Climate Change & the Courts

Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards

Environmental and conservation groups have for a number of years attempted to convince California courts of the need to integrate climate change considerations into environmental analyses prepared under the state’s most important environmental law, the California Environmental Quality Act (CEQA).  However, the California judiciary has demonstrated little appetite for doing so.  Until now. Recently, courts …

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Positive Signs That California’s New Housing Laws Will be Enforced

Recent Actions by California Courts & State Officials Are Encouraging, & Push Back Against Local Government Recalcitrance on the Housing Reform Front

In a recent post, I analyzed the California Legislature’s recent passage and Governor Gavin Newsom’s signing into law of two important bills–SB 9 and SB 10–designed to confront California’s well-documented housing crisis.  Those laws represent but the latest chapter in the Legislature’s record-setting enactment of numerous statutes in recent years to incentivize and mandate construction …

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Remembering Electric Vehicle Pioneer Ryan Popple, 1977-2021

Former Proterra CEO was a major contributor to UC Berkeley/UCLA Law EV report

Ryan Popple, former CEO and co-founder of electric bus company ProTerra, venture capitalist for transportation electrification, early Tesla employee, Iraq War veteran and father of three, passed away on Wednesday night at the age of 44, for reasons unknown. I had the good fortune to meet Ryan back in 2012, when UC Berkeley Law and …

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Losing Justice Hobbs, Western Water Expert and Valued Mentor

View of the South Platte River from the Waterton Canyon Trail. Photo by Nell Green Nylen.

When former Colorado Supreme Court Justice Gregory J. Hobbs passed away recently, just weeks shy of his 77th birthday, he left a gaping hole in the hearts of many.  Not just family and close friends.  But people across the Colorado legal community, the broader Western water community, and a far-flung network that includes Berkeley Law …

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The Latest Chapter in Los Angeles’ Century-Long Water War With the Eastern Sierra’s People & Environment

LADWP’s Unilateral Revocation of Water Allocation to Mono County’s Farmers & Ranchers Triggers County’s CEQA Challenge

There LADWP goes again. Recently the Los Angeles Department of Water and Power announced it was walking away from its longstanding obligation to provide Mono County residents and the environment with a tiny fraction of the water it transports from Mono County to LADWP’s urban customers in Los Angeles.  When efforts by county officials to …

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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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