Land Use
The 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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CONTINUE READINGCalifornia’s Big Land Use And Transportation Initiatives To Watch Today
Measures in both San Francisco and Los Angeles could have a big impact on the future of the state
Yes, there’s a lot happening today in the national election. Lost in the shuffle though are three big initiatives before some California voters that could have a big impact on the state’s transit and development future. Measure RR to restore BART: this is an unusual transit measure because it’s one of the first I’ve seen …
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CONTINUE READINGTahoe Regional Planning Agency Wins Big in Ninth Circuit
U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan
This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit. A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency. The Ninth Circuit decision effectively …
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CONTINUE READINGUC Berkeley & UCLA Law Launch New Climate Policy Website
Register for a webinar on the new site’s features on Wednesday at 2pm, with a keynote by Mary Nichols
To meet the challenge of climate change, California and other governments will need to adopt a suite of policies affecting multiple sectors. Reducing economy-wide greenhouse gas emissions will take reforms in energy, land use, transportation, and agriculture, to name just a few. Since 2009, UC Berkeley and UCLA Schools of Law, with the generous support …
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