Land Use
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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CONTINUE READINGNeed 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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CONTINUE READINGCEQA 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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CONTINUE READINGYou 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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CONTINUE READINGHow 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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CONTINUE READINGWhat 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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CONTINUE READINGParks 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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CONTINUE READINGA 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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