Land Use
Next steps towards clarity on data center water use
Governor Newsom recently signed AB 2619 (Papan) and AB 2469 (Papan), bills which will require data center developers to provide California with additional information about their potential and actual water usage. This is great progress, especially since the Governor vetoed similar legislation last year. And it’s not too early to look forward to further improvements. These …
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CONTINUE READINGGolf. Trump. Lies. And NEPA.
What more could you ask for in a single court opinion?
In a Monday ruling, Judge Reyes told the government to stop work on Trump’s plan to demolish a D.C. public golf course and replace it with one for pro tournaments. There are intriguing legal issues: whether a President’s social media posts can establish the basis for judicial review; whether golfers have standing to sue to preserve an existing course; how to deal with apparent dishonesty by government lawyers; and last but not last, whether the Supreme Court has eliminated NEPA’s segmentation doctrine. All in a beautifully written district court opinion.
CONTINUE READINGBy Our Powers Combined, We Are Captain Planet
Facing climate disasters, the GCF Task Force is putting the network theory of governance into practice.
I don’t need to tell you that the last several months have seen an increasing number of climate-related disasters, including severe heatwaves throughout Europe and droughts that are impacting water supply and reducing ship passages through the Panama Canal. This year’s super El Niño has exacerbated the ongoing fires across Indonesian Borneo. It is projected …
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CONTINUE READINGA summary of BACA
An overview of my analyses of Proposition 45
I’ve written a lot on the Cal Chamber sponsored initiative to dramatically change CEQA, BACA, which is Proposition 45 on this year’s ballot. Here are some key takeaways from what I’ve written, as well as links to the relevant blog posts. First, BACA will not just apply to CEQA. It broadly expands vested rights and …
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CONTINUE READINGA 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 READINGInsurance Law and Wildfire
Providing a federal backstop for wildfire insurance in return for state and local reforms
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 sixth 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 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 READINGA Mile High Solution To Housing Affordability?
Want to expand the availability of deed-restricted affordable units? Build market-rate ones!
One of the most dispiriting debates in housing policy and land use concerns the relative merits of deed-restricted affordable versus market-rate housing. YIMBY advocates argue building more market-rate units will eventual filter down and expand affordability; many on the Left argue that market-rate housing reduces the availability of land for deed-restricted affordable units. Eunisses Hernandez …
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CONTINUE READINGThe Challenges of Wildfire
Why wildfire management is so difficult to reform
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 second in a series of blog posts on our proposal to reform wildfire law in the United States. The first post is here. Why is fire such a hard …
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CONTINUE READINGFixing Wildfire Law
The urgent challenge of reforming how we manage wildfire
This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. Every year brings another reminder of why fire is at the top of environmental and natural resource issues for the United States, and how our legal system struggles to adjust to fire. …
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