Land Use

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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High Speed Rail’s A-Coming to California

With the California Legislature’s recent approval of the sale of voter-approved state bonds to fund high speed rail, it looks like the bullet train is actually coming to the state. Since voters approved the bonds in 2008, the economy has collapsed, and the details of the proposed route has made enemies out of many communities …

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California releases proposed rule to implement streamlining of environmental review for new California infill developments

As part of an effort to create more walkable, livable communities that reduce vehicle miles traveled and the greenhouse gas emissions that those vehicles generate, California is removing barriers to infill development.  Our governor and legislature are trying to create communities of homes and retail businesses that are closer together and closer to public transit. …

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Is Environmentalism Bad for Fighting Climate Change?

Sure, it sounds like a paradox.  The environmental movement has done a lot of good for the planet and for pollution.  But in the face of the greatest environmental threat of our time, the movement may be fundamentally ill-suited to tackle the climate crisis. For most of its history, environmentalism has essentially been about stopping …

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What Bonneville Salt Flats can teach us about CEQA exemptions

The Bonneville Salt Flats need to be saved.  The location where many of the world-records for land speed have been set is in danger.  A combination of years of racing, plus the construction of Interstate 80 and alterations in salt mining techniques has meant that the hard salt surface of the flats (similar in hardness …

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May 17th Sacramento Lunch on California Infill Policies, Featuring State Sen. pro Tem Darrell Steinberg

For those planning to be in the Sacramento area next Thursday, May 17th, please join us for a lunch event on California’s land use policies, featuring a keynote address by State Senate President pro Tem Darrell Steinberg. Here are the details: The Future of Infill:  How CEQA Reform and the End of Redevelopment Will Affect …

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