The Complexity of California Housing Law
California’s state density‑bonus law rewards developers who include affordable units by allowing taller buildings and pre‑empting certain local restrictions. The incentive has spurred larger residential projects across the state, but its statewide reach—covering both infill and greenfield sites—has sparked controversy in municipalities wary of over‑development. Compounding the issue, the law’s interaction with a patchwork of local zoning rules creates a labyrinthine compliance landscape. The article warns that this statutory complexity, mirrored in the Housing Accountability Act, may produce unintended outcomes that merit closer scrutiny.
The “God Squad” Is Subject to a Lot of Limits. But I’m Still Worried.
The Endangered Species Committee, dubbed the “God Squad,” reviews exemption requests that could sideline the Endangered Species Act for projects like offshore drilling in the Gulf of America. While the standard process demands rigorous justification, a formal hearing, and potential...
Climate Issues in the 2026 Governor’s Race: Building Decarbonization and Energy Efficiency
California’s 2026 gubernatorial race spotlights building decarbonization as a linchpin for the state’s climate and affordability agenda. Buildings account for roughly a quarter of the state’s emissions, and the aging natural‑gas distribution network is inflating utility bills for homeowners and...
Earth Is Getting Darker. Here’s Why That’s Alarming
Satellite data reveal Earth’s reflectivity has dropped from 29.3% to 28.6% since 2001, meaning the planet absorbs an extra 0.7% of incoming sunlight. This darkening contributes an energy gain comparable to the total warming effect of all anthropogenic CO₂ emissions...
Does Federal Law Still Preempt State Standards Relating to Fuel Efficiency?
The U.S. Justice Department sued to block California’s electric‑vehicle fuel‑efficiency rules, arguing that federal CAFE standards preempt state action. A recent reconciliation bill stripped CAFE penalties for light‑vehicle fleets, effectively turning the standards into a voluntary program. The author contends...
A Chance to Rebuild Better
Assemblymember Cottie Petrie‑Norris introduced AB 2385 to amend the 1986 Disaster Recovery Reconstruction Act, giving California local governments explicit authority to create disaster‑recovery agencies. The bill replaces references to defunct community redevelopment agencies with a clear list of powers drawn from...
What Does the Building an Affordable California Act Do?
The California Chamber of Commerce is gathering signatures for an initiative that would overhaul the California Environmental Quality Act (CEQA) for so‑called “essential” projects. The proposal imposes court‑enforceable timelines, lets proponents define project scope and a single alternative, and...
The Affirmative Case for Finding Endangerment
The 2007 Supreme Court decision instructed the EPA to evaluate whether greenhouse gases endanger public health, prompting the agency’s 2009 Endangerment Finding that vehicle emissions pose a significant risk. The D.C. Circuit upheld that finding, yet the current Trump administration...
In the Cross Hairs
Law schools with leading environmental law programs, notably Columbia’s Sabin Center and NYU’s climate fellowship, are facing a coordinated assault by right‑wing state attorneys general. The campaign includes congressional demands for investigations of senior staff, House Oversight probes, and aggressive...
The FREEDOM Act and Permit Certainty
The House has introduced the FREEDOM Act to tackle "permit certainty" by streamlining judicial review of unreasonable permitting delays or revocations and offering compensation to affected developers. The bill emerges amid Democratic resistance to any reform that doesn’t materially boost...
What Does UUD Mean?
The Interior Department’s August secretarial order introduced a “capacity density” test that compares the land footprint of energy projects to their output, effectively targeting renewable projects on federal lands. The order invokes the “unnecessary and undue degradation” (UUD) standard from...
The Details of SEQRA Reform
New York Governor‑backed legislation seeks to overhaul the State Environmental Quality Review Act (SEQRA) by creating targeted exemptions for infill housing projects, mirroring recent California reforms. The bill exempts small residential developments in cities over one million residents and in...
Hot Take on the Endangerment Repeal
The EPA announced a final rule to repeal its 2009 finding that greenhouse gases endanger human health and welfare. The agency argues the original finding exceeded its authority and should be a congressional decision, invoking the Major Questions Doctrine. Critics...