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Supreme Court Holds That the Eighth Amendment Does Not Prevent Enforcement of Local Camping Bans, Authorizing a Significant Shift...

Until recently, local policies on homelessness have been guided by two controversial rulings from the Ninth Circuit Court of Appeals: Martin v. Boise (9th Cir. 2019) 920 F.3d 584 and Johnson v. City of Grants Pass (9th Cir....more

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from...more

Momentum for Streamlining and Subsidizing Office-to-Residential Conversion Projects Builds in Sacramento and San Francisco

As cities across California grapple with an ongoing housing crisis and stubbornly high office vacancy rates, policymakers at the state and local levels are beginning to explore ways to encourage projects that convert vacant...more

Biden Revisions to the NEPA Regulations Now in Effect

The Biden Administration is amending the federal regulations for implementing the National Environmental Policy Act (NEPA) to reverse certain changes made by the Trump Administration. The first set of amendments took effect...more

Association of Bay Area Governments Formally Denies Nearly All Regional Housing Needs Allocation Appeals

On Friday, November 12, 2021, the Association of Bay Area Government’s (“ABAG’s) Administrative Committee formally denied 27 out of 28 appeals of draft housing allocations filed by local jurisdictions within the Bay Area...more

New Bay Area COVID-19 Orders Ease Restrictions on Construction and Impose New Safety Protocols

In an earlier post, we covered the local Shelter-in-Place (“SIP”) orders, which severely restricted construction activities throughout the Bay Area. This week the participating jurisdictions (Alameda, Contra Costa, Marin,...more

San Francisco Temporarily Bans Evicting Residential and Commercial Tenants Impacted by COVID-19 Epidemic

As of the beginning of April, more than one million Californians have applied for unemployment assistance. While state and local officials are seeking to address this aspect of the economic fallout of the COVID-19 pandemic...more

State-Level Rent Relief Due to COVID-19 Impacts: California Governor Newsom’s Executive Order Explained

As state and local governments act to address the economic fallout of the COVID-19 pandemic, relief for renters impacted by the coronavirus has come from both state and local policymakers. In previous posts, we covered San...more

New Shelter-in-Place Orders Dramatically Restrict Bay Area Construction, Including Residential Projects

As the number of COVID-19 cases continues to rise, state and local officials in California are taking increasingly aggressive action to stop the virus’ spread through Shelter-in-Place (“SIP”) orders. In addition to Governor...more

District Court Provides Guidance On Climate Change Analysis Under NEPA

A federal district court has ruled that the Bureau of Land Management (“BLM”) failed to adequately consider climate change when approving a set of oil and gas leases on public lands in Wyoming. The ruling should be of broader...more

Five Years in the Making: California is One Step Closer to a Comprehensive Update to the CEQA Guidelines

The Governor’s Office of Planning and Research (“OPR”) has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act (“CEQA”) Guidelines. The updated text (“Final Text”)...more

California Supreme Court Announces New Test for CEQA “Unusual Circumstances” Exception

Berkeley Hillside Preservation v. City of Berkeley (2015) ___ Cal.4th ___, Case No. S201116 - This week the California Supreme Court issued its long-awaited decision in the Berkeley Hillside case, which considered...more

Corps Issues New Compensatory Mitigation Guidelines for California

The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.” The Guidelines will apply in the Corps’ San Francisco, Sacramento, Los Angeles,...more

District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...more

Utility Pole Not A Point Source Under The Clean Water Act

Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act....more

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