Land Use

Amazon’s New Urban Headquarters Could Flip A Red State To Blue

A city-state rundown on how an influx of Democratic-leaning tech workers could impact swing states like Arizona, Wisconsin and Michigan

Amazon just announced that its seeking a North American city for its second headquarters, beyond Seattle. The move is potentially significant for its impact on the urban form of whatever major city is selected — such as boosting downtown development and transit and helping to revitalize the urban core, as has happened in Seattle.  But […]

Continue Reading

High Time to Fix California’s Affordable Housing Crisis

California Political Leaders Announce Historic Housing Accord

The Sacramento Bee reports that California Governor Jerry Brown and the Democratic leaders of the State Senate and Assembly have reached an 11th-hour agreement to address California’s chronic, steadily growing affordable housing crisis.  (The California Legislature’s 2017 session concludes in mid-September.)  That’s good news indeed–and a most welcome (if overdue) proposed fix to one of […]

Continue Reading

Did The California Supreme Court “Rip A Huge Hole” In Prop 13 & 218?

New decision could lower voter threshold for local government taxes by voter initiative

UPDATE: This post has been modified from its original version to reflect some ambiguity in the court’s decision that I missed on first read. California local governments have long been stymied in efforts to raise taxes for basic infrastructure and services by California’s constitution.  Two voter-approved constitutional amendments, Prop 13 and Prop 218, require that […]

Continue Reading

Center for Ocean Solutions Releases Consensus Statement and Report on the Public Trust Doctrine, Sea Level Rise, and Coastal Land Use in California

Report Analyzes State Public Trust Responsibilities on the Coastline, Coincides With Coastal Commission Staff’s Release of Draft Residential Adaptation Policy Guidance

UPDATE (September 1, 2017):  The statement’s drafters have provided a link (shared at the end of the post) for California attorneys who wish to sign on to the statement discussed here. Last month, a group of public trust and coastal land use experts, working under the auspices of the Center for Ocean Solutions, released two […]

Continue Reading

New Study: California Climate Policies Bringing Over $9 Billion And 41,000 Jobs To Southern California’s Inland Empire

Report commissioned by Next 10 and written by Berkeley Law’s CLEE and UC Berkeley’s labor center

With the legislature just passing a landmark extension of cap-and-trade through 2030 by a supermajority vote, attention now turns to implementing the state’s major climate programs to achieve the ambitious climate goals for that year and beyond. Critics frequently argue that efforts to fight climate change hurt the economy and cost jobs.  Yet as I […]

Continue Reading

Cap-And-Trade Extension A Lifeline For High Speed Rail

Auction proceeds will continue to fund the train and other transit, housing and energy programs

As Cara posted, the California Legislature scored a super-majority victory last night to extend the state’s signature cap-and-trade program through 2030. It was a rare bipartisan vote, although it leaned mostly on Democrats. Lost in the politics is what this means for high speed rail. The system has a fixed and dwindling amount of federal […]

Continue Reading

California Supreme Court Upholds Regional Planning Agency’s Greenhouse Gas CEQA Analysis, and Sets Out Principles to Ensure Better Analysis in the Future

Decision Will Help Ensure Development and Transportation Planning in California Supports GHG Reduction Efforts

In May, Rick Frank posted his reflections on the oral argument in the California Supreme Court on Cleveland National Forest Association v. San Diego Association of Governments (SANDAG), and predicted that SANDAG would win the case.  His prediction has proved correct with the release of the Court’s opinion last week – but SANDAG’s narrow win provides a […]

Continue Reading

Breaking News: Coastal Commission Prevails in Major California Supreme Court Case

Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition

The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights.  Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited […]

Continue Reading

How Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?

The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult

On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects.   The proposed action the agencies announced last week, […]

Continue Reading

Fencelines

The Supreme Court rules on how to define a parcel of property under the Constitution

The Supreme Court ruled today on Murr v. Wisconsin, a takings case that could have potentially had a major effect on land use regulation.  The Supreme Court has ruled that a “taking” of private property exists if the state prohibits all economically beneficial use  of property.  Naturally, lawyers have gleefully litigated the question of how […]

Continue Reading