Land Use
Looking Back on Lucas
Lucas v. South Carolina Coastal Comm’n has had surprisingly little impact, despite fears at the time.
Lucas v. South Carolina Coastal Commission was the high-water mark of the Supreme Court’s expansion of the takings clause, which makes it unconstitutional for the government to take private property without compensation. Lucas epitomized the late Justice Scalia’s crusade to limit government regulation of property. The decision left environmentalists and regulators quaking in their boots, …
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CONTINUE READINGWetlands, WOTUS and California
California Regulators Can and Should Adopt Strong State Wetlands Protection Rules
For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental …
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CONTINUE READINGESA Under Attack. Again.
The Washington Post tomorrow is running an Op Ed written with Peter Alagona, a colleague in environmental studies at UCSB. We were approached by the Post and asked to write a piece addressing the current raft of bills that seek to weaken the Endangered Species Act and sharing our views about alternatives. With a tight limit …
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CONTINUE READINGA Major Defeat for Property Rights Advocates
Hardly anyone noticed a decision last June limiting the rights of property owners against regulators.
Murr v. Wisconsin was a sleeper case decided by the Supreme Court last June. But it deserves a lot more attention than it has gotten. As I discuss in a new paper, Murr was a major defeat for property rights advocates and a big win for land use planners and environmentalists. Murr has escaped much …
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CONTINUE READINGSan Francisco Tests Supreme Court’s “Hole” In Prop 13 & 218 Restrictions On Local Tax Increases
Ambiguity in California Cannabis Coalition vs. City of Upland creates an opening for simple majority approvals
As I blogged in August, the California Supreme Court potentially “ripped a huge hole” in Prop 13 and 218, the two state constitutional initiatives that created a two-thirds majority requirement on local tax measures. In California Cannabis Coalition vs. City of Upland, the court held that “general taxes” initiated by citizens is not bound by …
CONTINUE READINGDisaster Resilience: Inching Forward, Sliding Back
We’re slowing improving disaster resilience. But there have been some notable setbacks.
An ounce of prevention is worth a pound of cure, as the saying goes. The same is true for disasters. We are slowly getting better at mitigating disaster risks. These improvements don’t generally take the form of dramatic breakthroughs. Rather they involve incremental progress on a number of fronts. For instance, homes that were constructed …
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CONTINUE READINGDisaster Insurance
States (for wind) and the Feds (for water) provide insurance for hurricane victims. Here’s how.
Rebuilding takes money. That makes insurance a crucial part of the equation. Insured losses are expected to be in the $70 billion range for Harvey and Irma combined. This includes commercial insurance, but the payments for home owners will also be hefty. Those costs are generally covered by government-supported insurance markets. I’ve posted previously about …
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CONTINUE READINGIs CEQA the problem?
Developing a better understanding of how land-use law and housing production interact in California
On Friday, the Governor signed a package of housing bills intended to help address the soaring costs of housing in many metro areas in California. Follow-up coverage of that bill package has (rightly) indicated that those bills are a drop in the bucket in terms of addressing California’s housing crisis. One theme that emerges in …
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CONTINUE READINGAmazon’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
UPDATE: Thanks to commenter Bob below who pointed out that the employee numbers from the San Francisco Chronicle that I used to make the calculations below have since been significantly revised downward. As Geekwire reports, the numbers I cited were for Amazon company-wide, not just Seattle. In fact, Amazon employees 40,000 in Washington state, not …
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CONTINUE READINGHigh 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 …
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