Land Use
San Diego Loses Appeal On Its Weak Transportation Plan
Today ‘s ruling confirms that the plan failed under CEQA to consider greenhouse gas emissions to 2050
Back in 2011, the San Diego Association of Governments issued a really bad regional transportation plan. These plans must prioritize transportation investments across the metropolitan region for the coming decades and are the basis for receiving state and federal infrastructure dollars. And while most regional transportation plans are usually pretty bad (i.e. favoring highway expansion …
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CONTINUE READINGThe ESA and the Commerce Clause
The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the litigation strategy by environmental groups …
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CONTINUE READINGGood News from the Middle East!
Israel Tells Dick Cheney: Get Your Paws Off Our Energy Policy
You’re checking your calendar: is it April Fool’s Day already? Alas, no. But there is some genuine good news our of the Middle East — at least for those who care about the Middle East’s natural environment. Terminating a several-year saga that has pitted claims of energy independence against environmental risk, the Jerusalem District Committee …
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CONTINUE READINGKashkari’s Unworkable Environmental Review “Reform” Plan
Net zero buildings for everyone?
In last night’s California gubernatorial debate, Republican candidate Neel Kashkari proposed a major reform to the California Environmental Quality Act (CEQA), which requires environmental review of new projects. But rather than gutting CEQA completely, a la State-Senator-turned-Chevron-lobbyist Michael Rubio, Kashkari proposed to give all projects the same breaks that the Sacramento Kings received in last …
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CONTINUE READINGWhy Tesla’s Nevada Gigafactory Could Be Bad For The Environment, Compared To A California Site
Electric vehicle pioneer to announce its siting decision today
Some California environmentalists may be celebrating now that Tesla has apparently decided to build its $5 billion “gigafactory” in Nevada instead of California. Lawmakers here had toyed with the idea of weakening the state’s signature environmental law, the California Environmental Quality Act (CEQA), to help expedite review on the factory and therefore encourage Tesla to …
CONTINUE READINGMisleading Attacks On California’s New Transportation Analysis Under CEQA
Big Law Firm Holland & Knight Misrepresents New State Guidelines
Last year, the California legislature passed badly needed reform to change how agencies evaluate a project’s transportation impacts under the California Environmental Quality Act (CEQA). The Governor’s Office of Planning and Research (OPR) was tasked with coming up with new guidelines for how this analysis should be done going forward. As I blogged about, the …
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CONTINUE READINGTransit-Oriented Projects In California Won’t Be Penalized For Traffic Impacts Anymore
Governor’s Office Releases New Environmental Review Guidelines
Back in 2013, there was significant discussion about reforming the California Environmental Quality Act (CEQA), with the business community and its attorneys arguing that CEQA is nothing more than a litigation tool for opponents of new projects. Some environmentalists and labor unions countered that CEQA is necessary for decision-makers to adequately assess the environmental impacts …
CONTINUE READINGBack in the Fast Lane
New Pritzker Brief from UCLA Law on Making Public Transit Work
Fellow blogger Ethan Elkind has spent a lot of time researching the history, politics, and future of transit in California. Earlier this year he published Railtown, a fascinating portrait of the fight over development of the L.A. Metro rail system, revealing the degree to which that development has been driven by good old-fashioned politics and even intrigue …
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CONTINUE READINGBig Court Wins For High Speed Rail
More litigation to come, along with funding challenges, but construction can finally begin
The California High Speed Rail Authority secured a big legal victory in the state court of appeals yesterday, which overturned twin decisions by a trial court judge that threatened to derail (no pun intended) the entire program. Coupled with another appellate court win a week ago upholding the program-level environmental review on the Pacheco Pass …
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CONTINUE READINGAddressing Climate Change Without Legislation
A new report from UC Berkeley looks at the underused powers of the US Department of the Interior.
Now that the Environmental Protection Agency has announced its proposed rules for restricting greenhouse gas emissions from existing power plants, the climate focus of EPA and the states will first be on polishing the rules for final approval, then on the anticipated law suits, and then on the development of state plans to meet the …
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