Land Use

How the Democrats’ Supermajority Can Improve California’s Downtowns

Now that Democrats in California have achieved the Pete Wilson Supermajority in the legislature, they should focus on two key reforms to revitalize the state’s downtowns and ensure more efficient land use. First, the supermajority should put on the ballot a constitutional initiative to lower the threshold for passing local tax measures to fund transit. …

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California’s Proposition 30 and the Environment

With so much attention paid to the presidential race, it’s easy to overlook the fact that California’s fiscal future is on the ballot tomorrow, with consequences for the environment.  Proposition 30 represents Governor Jerry Brown’s attempt to stave off harsh cuts to the state budget, a situation brought on by declining tax revenues in the …

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Saving Public Transit: Neighborhoods Matter

Public transit depends on neighborhood design to be successful. Without convenient neighborhoods that orient housing and jobs around transit, buses and trains will waste scarce public dollars by failing to attract sufficient riders and offering poorer quality service to those who do ride. Mott Smith, a Los Angeles-based real estate developer and advocate who focuses …

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Fracking Lawsuit Filed in California Against State Agency

Earthjustice filed a lawsuit two days ago in Alameda County Superior Court on behalf of four environmental plaintiffs charging that the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) has failed to consider or evaluate the risks of fracking, as required by the California Environmental Quality Act (CEQA). Plaintiffs — the …

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Conference on Saving Public Transit, Friday November 2nd at UCLA Law (Simulcast Available)

Please join us on Friday, November 2nd, for a free (with registration) conference on strategies to save public transit during a time of shrinking budgets.  The conference will feature experts on transit finance, real estate development around transit, and new technologies that may revolutionize transit in the coming years. Art Leahy, Chief Executive Officer of …

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Property Rights & the Takings Clause: Prominent on the U.S. Supreme Court’s Docket This Year

Last week the U.S. Supreme Court granted review in a potentially-important regulatory takings case, bringing to two the number of Takings Clause disputes on the justices’ docket this Term. The newly-granted case, Koontz v. St. Johns River Water Management District, No. 11-1447, involves the question of whether a government-imposed condition on its approval of a …

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Why Developers Shouldn’t Blame Environmental Review for the Lack of Infill

Members of the business community are smelling blood when it comes to effectively dismantling environmental review statutes like the California Environmental Quality Act (CEQA).  They now have a political opening with the high unemployment rate, some well-publicized bad outcomes of CEQA litigation, and examples of lawsuits by rival businesses abusing the process for competitive purposes …

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BART Turns 40: Some History Lessons

BART, the Bay Area Rapid Transit system, turns 40-years-old today, with the unfortunate anniversary of 9/11.  Some historical and financial tidbits: The original system was supposed to serve Marin and San Mateo Counties, along with San Francisco, Alameda, and Contra Costa Counties.  According to Stephen Zwerling, San Mateo dropped out due to concern that neighboring …

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Destroying the Land in Order to Save It

In the middle of the worst drought in decades, the climate denying House of Ayn Rand Representatives was so intent on hacking apart Food Stamps that it couldn’t even figure out how to pass a farm bill.  (And the House Ag Committee version, it should be mentioned, was an abomination, maintaining egregious farm subsidies and …

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Overdrafting California’s Groundwater Resources–A Chronic Condition

A recently issued study by a University of Texas-led group of research scientists confirm a discomforting fact: groundwater resources in California’s Central Valley are being depleted at an alarming rate.  As reported in the Sacramento Bee, the study warns that current groundwater extraction rates from the Central Valley aquifer–which is primarily mined to serve agricultural …

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