California
Losing Justice Hobbs, Western Water Expert and Valued Mentor
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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CONTINUE READINGThe 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 …
CONTINUE READINGWhat 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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CONTINUE READINGWhat 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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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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CONTINUE READINGReforming 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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CONTINUE READINGIf 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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CONTINUE READINGCEQA 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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CONTINUE READINGWhat 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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CONTINUE READINGCEQA 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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