Land Use

A New Battleground in Big Oil’s War on Drilling Setbacks

Big Oil’s referendum on setbacks is the latest in a line of questionable signature-gathering campaigns. Would a new bill reform California’s referendum process?

Earlier this month, my colleague Beth Kent wrote a thorough overview of the referendum seeking to reverse SB 1137, a bill passed by the California Legislature establishing a 3,200-foot setback between new oil and gas wells and sensitive receptors, including homes, schools, and hospitals. That referendum (Ballot Measure 22-0006) will appear on the November 2024 …

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Cleanup On Aisle NIMBY!!

The California Legislature’s new duplex bill shows that lawmakers have had it with resistance to housing.

I wrote a few weeks ago on a Terner Center report concerning SB 9, California’s law allowing single-family lots to split and put in duplexes as a matter of right throughout the state. Essentially, the message was simple: localities were engaged in a Massive Resistance to the state mandates, throwing sand in the gears at …

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CEQA, California’s Housing Crisis & the Little Hoover Commission

State Watchdog Agency’s Scheduled CEQA Hearings Could Prompt Major Changes to California’s Most Important Environmental Law

Beginning today, California’s “Little Hoover Commission” will convene a series of three public hearings to consider how well–or poorly–the state’s California Environmental Quality Act (CEQA) is currently working.  A special focus of the Commission’s deliberations will be whether and to what extent California’s most important and overarching environmental law is impeding efforts by the Legislature …

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Top 5 Climate Reasons To Reduce Driving, Even With Electric Vehicles

Sprawl and EVs still have significant carbon costs

California and other jurisdictions have been moving to reduce vehicle miles traveled (VMT) as a climate solution. Yet some pro-sprawl interests question whether this is necessary, given the advent of electric vehicles. It’s fair to ask: if all vehicles are “zero emission,” do we really need to care any more about how much driving we …

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Need Quick Climate Solutions? Check Out Our “Climate Break” Podcast

Berkeley Law production also airing every Thursday on NPR-affiliate KALW in San Francisco

Climate change news is often quite depressing, with frequent stories on the science and ever-worsening impacts. What gets lost in this otherwise important coverage is the amazing and inspiring tales of innovation and solutions happening all around us, in every sector and walk of life. That’s why Berkeley Law’s Center for Law, Energy and the …

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CEQA and UC Berkeley Housing: Don’t Panic

The decision blocking student housing hardly represents new NIMBY weaponization.

  Lots of screaming and yelling about last week’s Court of Appeal CEQA decision concerning student housing at UC Berkeley. The Court struck down the university’s plan for more student housing on the grounds that the final Environmental Impact Report did not adequately assess noise impacts from students. “The campus is dismayed by this unprecedented …

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You Want a Free Market? I’ll Show You a Free Market

NIMBYism’s intellectual collapse is on view in California.

After patiently requesting, begging, insisting, pleading, and incentivizing local governments to plan for more affordable housing, the California Department of Housing and Community Development, armed with new powers from the state legislature, has had enough. It is cracking down on local governments that simply refuse to do their fair share in alleviating the state’s housing …

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How Much Rain is L.A. Capturing?

Local measures like Measure W are working. But more needs to be done to capture stormwater and rainwater.

At least nine atmospheric rivers blasted California between December 20th and January 15th, causing flooding and extensive damage, while also delivering much needed precipitation to our parched state. The Los Angeles County Public Works Department announced recently that more than 33 billion gallons of stormwater have been captured in the early months of the winter …

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What Would King Do?

California “YIGBY” Bill Could Empower Churches To Add Affordable Housing

As Martin Luther King day ends here on the west coast, the role of churches and religious institutions looms large. King’s activism arose out of his spiritual commitment. And in California, it looms large in a surprising way concerning the built environment. Land use is (in)famous for its acronyms: NIMBY, BANANA (Build Absolutely Nothing Anywhere …

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Parks and Housing Together: A Win for Communities and the Environment

A new Pritzker Environmental Policy Brief discusses the benefits of parks and affordable housing joint development

Los Angeles needs more parks and more affordable housing. When compared to other major cities across the country, the City of L.A. ranks 78th out of 100 in terms of park access, acreage, amenities, investments, and equitable distribution. More than 1.4 million people in the City of L.A. and nearly five million people in Los …

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