Land Use
A New Birth of Housing?
Omnibus’ “Baby YIMBY” Bill Offers An Opportunity For Cities — And For Advocates
Tucked deep inside the massive Omnibus bill is what has been called the “Baby YIMBY” provision — an $85 million grant program, to be administered by HUD: The bill provides the U.S. Secretary for Housing and Urban Development (HUD) with $85 million to dole out on a competitive basis to jurisdictions for “the identification and …
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CONTINUE READINGThe Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022
Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year
I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law. That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …
CONTINUE READINGReflections on a Century of “Regulatory Takings” Law
A Century Ago, the Supreme Court Created a Transformative Legal Doctrine Out of Whole Cloth
One hundred years ago this month, the U.S. Supreme Court issued a radical constitutional decision that over the last century has proven enormously consequential in a host of environmental, natural resources and public health contexts. In the December 1922 decision Pennsylvania Coal Company v. Mahon, a divided Supreme Court created the constitutional doctrine of “regulatory …
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CONTINUE READINGThe Coming Ground War For Missing Middle Housing
Municipalities Continue to Maintain and Erect New Barriers To Homes For Working People
Last year, the California Legislature enacted SB 9, which required local governments to allow duplexes (and with ADUs, sometimes triplexes and quadraplexes) in single-family zones. Housing advocates rejoiced, and NIMBYs screamed that it was the end of the world and would lead to “Manhattanization” (because as we all know, Manhattan is famous for its duplexes). …
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CONTINUE READINGBalancing fire risk and housing
How can California reconcile the dual needs of managing for fire risk and producing more housing?
This is the last in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. In this blog post, we’ll discuss …
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CONTINUE READINGWhat is being built in the WUI?
What our data says about development in the WUI in California
This is the third in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. In this blog post, we summarize …
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CONTINUE READINGCalifornia Law in the WUI
California’s legal framework for development in the wildland-urban interface
This is the second in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. These blog posts summarize our recent …
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CONTINUE READINGOn the First Monday in October, the Sacketts Head to the Supreme Court a Second Time
Sackett v. EPA–the Most Important Environmental Case on the Justices’ Current Docket–Will Answer the Key Question of How Far Federal Wetlands Regulation Extends Under the Clean Water Act
Today the U.S. Supreme Court formally begins its 2022-23 Term. First up on the justices’ docket this morning is a major environmental case: Sackett v. Environmental Protection Agency, No. 21-454. This year marks the 50th anniversary of the Clean Water Act (CWA). Over the past half-century, no single CWA issue has proven more contentious and …
CONTINUE READINGCalifornia’s Most Important Climate Bill You Haven’t Heard Of
Parking reform on Gov. Newsom’s desk could deliver major environmental & equity wins
It took a decade, but the California legislature has finally delivered to the governor one of the most critical climate and equity bills in the country. No, it’s not mandating carbon neutrality or increasing renewable energy. It’s finally ending local mandates that all new housing and infill projects must include car storage, even if they’re …
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CONTINUE READINGNew Frameworks to Address Vehicle Travel Impacts
CLEE report proposes banking and exchange strategies for CEQA mitigation
When Caltrans and other state and local agencies build or approve projects that increase car traffic, state law requires them to mitigate those impacts. A new report from CLEE proposes development of state and regional programs that would allow these agencies to mitigate by investing in offsite bike lanes, bus-only lanes, transit passes, and other …
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