The California Environmental Quality Act is generally considered a major obstacle for development. In a few cases, however, the law's definitions have been used to clear the way for development in environmentally sensitive areas.
Kevin Stark shares a timeline of precedent setting decisions regarding development under the California Environmental Quality Act.
The premise for the article: developers are using a case from 1995 to "push back on the ability of Bay Area cities to regulate waterfront development and protect residents from rising sea levels, a product of human-caused climate change."
The 1995 ruling pitted the development of a drug rehab facility in Contra Costa County against neighbors who opposed the project. "The company made what was then an obscure argument," writes Stark: "The California Environmental Quality Act, known as CEQA, the state’s premiere environmental law, did not require developers to consider how the environment might influence its project, only how the project would affect the environment."
Stark then combs through land use cases from 2009 and onward, created by disagreements about the reach of regulations designed to account for sea level rise and extreme weather, which sided with developers according to the precedent set by the 1995 ruling.
It's worth noting that the same logic could potentially be applied to homes built in wildfire danger areas—which is also a land use designation likely to take on more risk as the effects of climate change become more of a reality.
FULL STORY: Timeline: Lawyers for Developers Share Tactics to Blunt CEQA
Without New Environmental Impact Report, UC Berkeley Will Enroll Thousands Fewer Students
A high-profile example of the power of the California Environmental Quality Act (CEQA) might cause thousands of students to miss out on a chance to attend the University of California, Berkeley.
Judge Caps Enrollment at UC Berkeley Pending Environmental Impact Report
An Alameda County judge dealt a stunning rebuke of a plan to expand the campus of the University of California, Berkeley, with housing and new space for the Goodman School of Public Policy.
CEQA Exemptions Could Finally Be Granted to Sustainable Transportation Projects
California has traditionally granted environmental exemptions to large projects like football stadiums, a practice criticized by environmentalists and urbanists alike. SB 288 would change that, with exemptions for sustainable transportation projects.
Maui's Vacation Rental Debate Turns Ugly
Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
In Urban Planning, AI Prompting Could be the New Design Thinking
Creativity has long been key to great urban design. What if we see AI as our new creative partner?
California Creates Housing-Focused Agency
Previously, the state’s housing and homelessness programs fell under a grabbag department that also regulates the alcohol industry, car mechanics, and horse racing.
Chicago’s Ghost Rails
Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.
Baker Creek Pavilion: Blending Nature and Architecture in Knoxville
Knoxville’s urban wilderness planning initiative unveils the "Baker Creek Pavilion" to increase the city's access to green spaces.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
planning NEXT
Appalachian Highlands Housing Partners
Mpact (founded as Rail~Volution)
City of Camden Redevelopment Agency
City of Astoria
City of Portland
City of Laramie