Land Use

The Complexity of California Housing Law

Byzantine statutory provisions in state housing law may produce unintended consequences

One of the most important state laws to advance housing production in California is the state density bonus law.  At heart, that law extends an offer to developers seeking to build a housing project.  If you add some affordable housing to your project, the state will let you build higher than local zoning might otherwise …

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Affordability Is Everywhere

How affordability concerns are informing recent developments in electricity, clean energy, and housing policy.

Affordability concerns are increasingly top-of-mind for advocates, academics, and public officials with regard to electricity generation and pricing, the transition away from fossil fuel extraction, and affordable housing. Public support for improving the grid, transitioning to a clean energy economy, and expanding the supply of housing depends on whether policymakers can ensure that the costs …

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The Most NIMBY Man In The World

A man in a fancy suit stares at the viewer.

As ICE moves to warehouse tens of thousands of immigrants, can locals fight back?

Good piece in the Grey Lady on Wednesday about Trump voters suddenly deciding that some of his policies aren’t so great after all. ICE is trying to build huge detention facilities in order to drag legal immigrants off the streets — specifically, those who are waiting for asylum decisions and those waiting to receive their …

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The details of SEQRA reform

Looking at the specifics of how New York’s SEQRA reform efforts would work

I recently posted about proposed legislation in New York, advanced by the governor, to reform the state’s environmental review law (the State Environmental Quality Review Act (SEQRA)) to facilitate infill housing – an approach similar to what California did last year.  There’s now legislative text (available here) available to allow a close review of what …

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Where and What Are the Most Affordable New California Homes?

The cover for a publication by UC Berkeley Center for Law, Energy, and the Environment titled, "Affording the California Dream: Optimal Locations and Product Types to Increase Home Ownership Opportunities," accompanied by a picture of the top of apartment buildings.

New CLEE Policy Brief Finds Major Cost Savings With Infill Homes

No issue defines both the affordability and climate challenge in California more than housing. High housing prices have pushed many prospective homebuyers to what some consider to be “affordable” outlying locations far from jobs and services, necessitating expensive commutes, and often in areas of heightened climate risk. As policy makers seek to stabilize housing prices …

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UCLA Report Offers Framework for Resolving Coastal Conflicts  

An overhead view that captures the divide between a couple of houses on top of a coastal cliff and the shore on the other side.

Shutterstock

Guest contributors Maeve Anderson and Mackay Peltzer write that regulatory updates are needed to ensure California’s coastal planning remains consistent with the intent of the Coastal Act.

California’s iconic coastline is simultaneously a source of pride and tension for the state. As increasingly severe storms, intensified by climate change, accelerate the erosion of beaches and bluffs, the conflict around land use at the coast has also intensified.  Nowhere exemplifies this reality better than the City of Pacifica, a popular surfing destination located …

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Takings Between the Sheetz

The silhouette of a person walking on the peak of a snowy mountain.

…in which I actually praise Brett Kavanaugh

It seems absurd to blog about legal doctrine nowadays, but I, like many, am preparing for Spring term classes, and Takings represents one way that the Supremes might try to destroy American government. So it is always good to keep it in mind. Most of us know the issues concerning exactions – when a government …

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Using Maps to Make Housing Politics Easier

Setting clear borders as to where upzoning to advance housing would apply may help ease the politics of housing policy

A recent article in the SF Chronicle highlighted how it has been easier for housing advocates to get upzoning reforms that facilitate housing production in Oregon – with the upzoning provisions in Oregon having significantly fewer exceptions and carveouts than comparable provisions in California.  The result is that Portland has seen more movement in housing …

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Everything is Awesome!

A line graph of metric tons of CO2 over time titled, "China's O2 emissions have now been flat or falling for 18 months. Emissions from fossil fuels and cement, MtCO2, rolling 12-month totals."

Well, not really, but China’s astonishing progress in curbing emissions points to a technological way forward — and how the United States is being left behind.

There is so much that is awful, so let’s see some good news for once: China’s carbon dioxide (CO2) emissions were unchanged from a year earlier in the third quarter of 2025, extending a flat or falling trend that started in March 2024. The rapid adoption of electric vehicles (EVs) saw CO2 emissions from transport fuel drop by 5% …

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The Promise and Growing Pains of Managed Aquifer Recharge

field flooding for recharge

By Dave Owen, Helen E. Dahlke, Andrew T. Fisher, Ellen Bruno, and Michael Kiparsky

  Around the world, groundwater mismanagement is a major driver of water crises. An emerging method for addressing such mismanagement, called managed aquifer recharge, has generated excitement among scholars and water managers. In a newly published article (Owen et al. 2025), we argue that this excitement, while often justified, should also be tempered by acknowledgment …

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