Land Use
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 …
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CONTINUE READINGHow 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 READINGFencelines
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 READINGPlanning for Utility-Scale Solar PV in the San Joaquin Valley
Free evening panel discussion in downtown San Francisco on Tuesday June 6th, 5:30 – 7pm
California aims to generate 50 percent of its electricity from renewable sources by 2030, and a new bill now in the legislature seeks to get to 100% renewables by 2045. A significant amount of this energy will come from solar photovoltaic (PV) installations, with much of the deployment likely to occur in California’s San Joaquin …
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CONTINUE READINGWhither WOTUS?
Trump ordered agencies to reconsider Clean Water Act jurisdiction. Easier said than done.
President Trump ordered EPA and the Army Corps to review the Obama Administration’s WOTUS rule, which sets expansive bounds on federal jurisdiction over water bodies and wetlands. The agencies have sent the White House a proposal to rescind the WOTUS rule and revert to earlier rules until they can come up with a replacement. In my …
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CONTINUE READINGLook Out Below!
U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California
The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. …
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CONTINUE READINGWhere To Build Housing In California Through 2030
Join Berkeley Law’s Free Webinar On Wednesday, May 17th, 11am to Noon
California isn’t building enough housing to meet jobs and population growth, and what housing is getting built is happening too much in sprawl areas on greenfields. While this greenfield-focused development may please pro-sprawl conservatives, it will worsen traffic and air pollution and keep the state from meeting its long-term environmental goals. To discuss where and …
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CONTINUE READINGFinally, some good news from Congress
The Senate voted 51-49 Wednesday morning against considering a resolution to repeal Obama-era regulations targeting methane emissions from oil and gas operations on federal lands. The Senate was considering whether to vote on rolling back the rule under the Congressional Review Act, which allows the Senate to repeal rules within 60 days of enactment. Three …
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CONTINUE READINGThe California Supreme Court’s Environmental Docket: A Tale of Two Arguments
Justices Seem Likely to Reach Environmentally-Friendly Result in One Case, But Reject Environmentalists’ Claims in Other
Last week I posted a preview of three key environmental law cases that were scheduled for argument over two days in the California Supreme Court. I attended the arguments in two of those cases, held in San Francisco last Thursday. Here’s an account of what transpired, along with my predictions of the likely outcomes in …
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CONTINUE READINGIt’s Environmental Law Week at the California Supreme Court
Justices to Hear Oral Arguments in Three Major Environmental Cases This Week
The California Supreme Court currently has approximately twenty pending environmental cases on its docket. This week, the Court’s justices will hear oral arguments in three of the most important of those cases. Taken together, these looming decisions raise important issues concerning the California Environmental Quality Act (CEQA), federal preemption, climate change mitigation and adaptation, private …
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