Land Use
Look 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
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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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CONTINUE READINGWhere Should We Build New Housing In California To Meet 2030 Climate Goals?
New Report From UC Berkeley’s CLEE and Terner Center, Commissioned by Next 10, Released Today
California isn’t building enough housing to meet population growth, while the new housing that does get built is happening too often in the wrong places, like on open space far from jobs. Meanwhile, new climate legislation for 2030 will likely rely on the average Californian reducing his or her driving miles by allowing residents to …
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CONTINUE READINGUnderstanding why California housing costs so much
Is the problem CEQA, local land-use regulations, both or neither?
Housing costs in the Bay Area and Los Angeles continue to get a lot of attention in the press and academic literature. This New York Times article highlights this recent paper from Ed Glaeser at Harvard and Joe Gyourko at Penn – the paper’s analysis concludes that land-use regulations have significantly increased the price of …
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CONTINUE READINGHow Prop 13 Has Wrecked California
Time to roll back the 1978 tax measure
Prop 13 is supposedly the third rail of California politics. The 1978 ballot measure effectively froze property taxes in the state and ultimately ensured that any new tax increases require a 2/3 vote, whether in the legislature or among local voters approving a new city or county tax measure. It can only be undone if …
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CONTINUE READINGThe Ninth Circuit’s Top Environmental Law Decisions of 2016
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …
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CONTINUE READINGThe U.S. Goes Right, California Goes Left
Significant progressive wins in the Left Coast on election night
We all know election night took a turn to the right at the national level. But here in California, the results were all about the progressives. The California legislature saw Democrats get major pickups to move forward on a progressive agenda, although as KPCC radio reported, they may have just failed to achieve a 2/3 …
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