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.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
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).
DARTSpace Platform Streamlines Dallas TOD Application Process
The Dallas transit agency hopes a shorter permitting timeline will boost transit-oriented development around rail stations.
Parks: Essential Community Infrastructure — and a Smart Investment
Even during times of budget constraint, continued investment in parks is critical, as they provide proven benefits to public health, safety, climate resilience, and community well-being — particularly for under-resourced communities.
Porches, Pets, and the People We Grow Old With
Neighborhood connections and animal companions matter to aging with dignity, and how we build can support them. Here’s a human-scale proposal for aging in place.
Single-Stair Design Contest Envisions Human-Scale Buildings
Single-stair building construction is having a resurgence in the United States, where, for the last several decades, zoning codes have required more than one staircase in multi-story housing developments.
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.
City of Charlotte
Municipality of Princeton
City of Camden Redevelopment Agency
City of Astoria
Transportation Research & Education Center (TREC) at Portland State University
US High Speed Rail Association
City of Camden Redevelopment Agency
Municipality of Princeton (NJ)