Land Use Regulations on a Collision Course in California

The future of planning in California depends on how lawyers reconcile the Housing Accountability Act with the California Environmental Quality Act.

2 minute read

December 2, 2021, 8:00 AM PST

By James Brasuell @CasualBrasuell


California State Capital

cmshepard / Shutterstock

Christopher S. Elmendorf and Tim Duncheon write the first in a series of blog posts to examine the merging conflict between the state of California's Housing Accountability Act (HAA) and the California Environmental Quality Act (CEQA).

According to Elmendorf and Duncheon, the emerging conflict was made obvious when the San Francisco Board of Supervisors rejected a proposal for 495 apartments on a downtown parking lot. "Oakland and Sonoma have also used the same maneuver, albeit to much less fanfare."

According to the article, these examples are early indications of an "epic clash" between two examples of legal scholars Bill Eskridge and John Ferejohn have termed "super-statutes," and defined as followed:

(1) seeks to establish a new normative or institutional framework for state policy and (2) over time does “stick” in the public culture such that (3) the super-statute and its institutional or normative principles have a broad effect on the law—including an effect beyond the four corners of the statute.

The fact that both laws could be fairly classified as super-statutes creates a massive problem, which is likely to be litigated again and again for the foreseeable future: both the laws "could not be more different in their basic institutional and normative principles," according to Elmendorf and Duncheon.

In the second post in the series, which has also been published as of this writing, the authors show that CEQA and the HAA further elaborate on the idea that both CEQA and the HAA have plausible claims to being super-statutes.

Sunday, November 28, 2021 in State & Local Government Law Blog

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and "harrowing" close calls are a growing reality.

7 hours ago - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

June 15 - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

June 15 - The Washington Post