Land Use

Infill Parking Bill Killed by Local Government Lobby?

When last we checked on AB 710, the California bill to eliminate minimum parking requirements for infill and transit-oriented projects, it sailed through Assembly committees and eventually passed that body unanimously, 78-0. And why not?  The bill offers both environmental and economic benefits: by removing inefficient minimum parking requirements on transit-adjacent developments, more projects could …

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Murder, Pollution, Illegal Drugs & Our Public Lands

The murder this past weekend of Fort Bragg, California City Councilman Jere Melo puts an all-too-human face on a long-festering environmental crisis. Melo was shot and killed in a remote area in Mendocino County by a squatter who was reportedly growing marijuana on forest lands there. Councilman Melo, whose day job was to manage 150,000 …

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Parking in Los Angeles Creeps into the 21st Century

The Los Angeles Times reports that the City has decided to inject at least a little rationality into its parking policy: in April, the City will begin ExpressPark, which will focus on a 4.5 square-mile zone in the city’s downtown, and will set parking rates based upon demand. It will use sensors and other technology …

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More on California Environmental Leader & Coastal Advocate Peter Douglas

Legal Planet colleague Jonathan Zasloff has previously written about the recently-announced retirement of long-time California Coastal Commission Executive Director Peter Douglas.  I’d like to add a few additional comments about Peter, my long-time mentor, client and friend. Peter Douglas has devoted the past four decades of his incredibly rich and active life to the cause of …

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An Environmental Hero Rides Into the Sunset

The Sacramento Bee reports today that Peter Douglas, the long-time executive director of the California Coastal Commission, has taken a medical leave of absence and will retire in November.  Douglas definitely deserves his retirement, but it’s a real loss for the environmental community. Douglas helped draft the original Coastal Act as legislative director for former …

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How Should Law Schools Teach Land Use?

I haven’t taught Land Use for a few years, but under pressure from the administration, I’m gearing up to teach it again a year from now.  And I’m going to need that time to figure it out, because it’s a little frustrating teaching it in the traditional way. To the extent that there is a …

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Nevada Re-Discovers the Public Trust Doctrine

The Nevada Supreme Court was the source of a pleasant surprise earlier this month, when it issued a decision formally “adopting” the public trust doctrine as Nevada law. The opinion, Lawrence v. Clark County, involved a proposed transfer of land in and adjacent to the Colorado River near Laughlin, Nevada to Clark County officials. Nevada …

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So Much for California’s Anti-Sprawl Law, Ctd.

My post on the shortcomings of SB 375, California’s anti-sprawl law, generated a swift response from NRDC’s Amanda Eaken and TransForm’s Stuart Cohen, two smart growth advocates for whom I hold a lot of admiration and respect.  In their detailed post, which is largely a critique of the San Diego Association of Government’s (SANDAG) sustainable …

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So Much for California’s Anti-Sprawl Law

When California passed SB 375 in 2008, the national media swooned and smart growth advocates issued glossy brochures about the law.  SB 375 was intended to curb sprawl, promote more compact and walkable communities served by transit, and reduce greenhouse gas emissions, all through a regional planning process that would coordinate land use plans with …

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Supreme Court Grants Review in Clean Water Act/Wetlands Case

2012 is shaping up as a busy year for environmental law at the U.S. Supreme Court. Today, as the Court recessed for the summer, the justices granted certiorari in a second environmental case that it will hear and decide in its 2011-12 Term: Sackett v. U.S. Environmental Protection Agency, No. 10-1062. Sackett involves a development dispute between an Idaho …

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