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Insight
What Will Trump V. California Mean For Planning And Development?
The second Trump Administration is likely to back off of zoning reform, environmental protection, and transit funding. Will the state's own laws and policies serve as a firewall against these changes?

William Fulton
Nov 9, 2024
Sheetz Case Will Require More Precision on Exactions
Six months after it came, the U.S. Supreme Court’s ruling in the Sheetz case is beginning to have an impact on land use planning in California. But – typical of Supreme Court rulings these days – Sheetz leaves a lot of question unanswered and practicing planners and land use lawyers are still wondering, or maybe hoping, that future court rulings will clarify things.

William Fulton
Oct 20, 2024
Newsom's Infill-CEQA Play Isn't About Housing. It's About Transportation
The governor has a new infill housing initiative that includes a proposal to use housing as CEQA mitigation. But this play is only partly about housing. It's mostly about getting transportation projects adequately mitigated under SB 743.

William Fulton
Aug 5, 2024
How Long Can The Swiss Cheese Approach To CEQA Go On?
The Legislature and Gov. Gavin Newsom have punched another hole in the California Environmental Quality Act – this time in order to move along construction of a new annex to the State Capitol in Sacramento.

William Fulton
Jul 1, 2024


Population Down 1%, Housing Up 3% -- Is That Enough?
Patterns since the beginning of the pandemic suggest that there might be a slight rebalancing of population and housing in California. But persisently high prices seem to show that other factors are at work.

William Fulton
May 6, 2024
Lower Impact Fees -- Or Just More Nexus Studies?
The U.S. Supreme Court's exactions ruling left a lot of things up in the air. Most important: Does California's typical "fair share" methodology for general plan-level exactions meet the court's "rough proportionality" rule?

William Fulton
Apr 14, 2024
Housing Rulings Hurt -- But Legal Settlements Might Be More Important
Recent rulings from the high-profile cities of Berkeley and Beverly Hills got a lot of publicity. But less publicized settlement agreements from Davis and Clovis show just how scared cities are getting about housing litigation.

William Fulton
Mar 4, 2024


Does California Have Limited Housing Development Capacity?
The state's action on housing has focused on making entitlements easier to get. But housing production hasn't gone up. Maybe there aren't enough developers and planners left in the state to get the job done.

William Fulton
Jan 8, 2024
How Far Will The U.S. Supreme Court Go On Exactions?
They could simply box in California cities on nexus and proportionality. Or, led by Thomas and Alito, they could throw the bomb and say development is a right and not a privilege

William Fulton
Dec 4, 2023
Who Will Be HCD's Next Target?
After a review, HCD has told San Francisco it must start reforming its entitlement process by Thanksgiving or else. Will the state start investigating other cities' entitlement processes as well?

William Fulton
Oct 29, 2023
Is The Housing Law Frenzy Slowing Down?
Some important bills passed this year. But unless the Legislature is willing to take on CEQA directly, there may not be a whole lot more to do on the land use front to encourage more housing production.

William Fulton
Sep 25, 2023
CEQA Lawyers Get More Creative
Three recent cases show how far the law can be stretched -- and how project opponents often sue for reasons that have nothing to do with that they're really upset about.

William Fulton
Aug 27, 2023
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