This blog posting is derived from an article I recently published in the University of Missouri, Kansas City Law Review at the invitation of our Fellow and friend Irma Russell, to whom I am indebted for much guidance and...more
The New York Climate Leadership and Community Protection Act (“CLCPA”) established ambitious targets to transform New York’s energy generation and efficiency. The CLCPA was signed into law in 2019 with goals to achieve 100%...more
In what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage. This Update summarizes two key bills in this...more
On September 13, McDermott Partners Heather Cooper and Philip Tingle provided a detailed overview of the bonus tax credits under the Inflation Reduction Act of 2022 for projects satisfying low-income thresholds or built-in...more
California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain “environmental leadership development projects” and extends eligibility to additional...more
Sanders and Ocasio-Cortez introduce ‘Green New Deal for Public Housing’ - The Hill – April 19 - Sen. Bernie Sanders (I-Vt.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.) have introduced a “Green New Deal for Public...more
With the end of the first quarter of 2021 approaching, we thought it timely to issue an update on selected recent developments and proposed changes in law and policy touching environmental, land use, and natural resource...more
New law aims to increase individual home ownership in California - Bullet SFGate – September 29 - A bill prompted by the Moms 4 Housing occupation of a vacant West Oakland home late last year and signed by Governor...more
Better Buildings Initiative partners save $11B In energy costs - Bullet Facility Executive – June 9 - The more than 950 public and private sector organizations participating in the U.S. Department of Energy’s (DOE) Better...more
After SB 50’s defeat, California lawmaker unveils ‘light touch’ housing density bill - Los Angeles Times – March 9 - Six weeks after his high-profile effort to force California cities to increase housing density...more
In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento’s use of a sustainable communities environmental assessment (“SCEA”)...more
In Sacramentans for Fair Planning v. City of Sacramento, published on July 18, 2019, the California Court of Appeal rejected challenges to a project based on the principle of zoning uniformity, limiting its application to...more
• Sacramentans for Fair Planning v. City of Sacramento is a case of first impression holding that cities and counties may continue to rely on the streamlined environmental review under the California Environmental Quality Act...more
To ensure that New York state agencies and local governments can meaningfully assess the environmental impact of proposed projects, the State Environmental Quality Review regulations received substantial amendments this year....more
Sustainable Development Focus - More companies prefer green bonds, carbon taxes - GreenBiz - Feb 7 Companies that are serious about reaching aggressive emission-reduction targets are increasingly turning to green bonds,...more
The California Supreme Court, in a 6-1 ruling, in Cleveland National Forest Foundation, et al v. San Diego Association of Governments (2017) ___ Cal. 5th __, Supreme Court Case No. 5223603 held that San Diego Association of...more
On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more
Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more
Renewable Energy Focus - Kick-off for California offshore - reNEWS - Aug 16 - The U.S. has taken a major step forward in offshore wind development in the deep waters off the coast of California. The Bureau of...more
Sustainable Development Focus - San Diego climate plan means big potential for jobs - Next City - Jul 22 - San Diego’s Climate Action Plan (CAP), which debuted in December, is the first municipal climate plan...more
Sustainable Development Focus - Net-zero energy Brock Environmental Center in Virginia turns rainwater into drinking water - Inhabitat - Jul 14 - A new building in Virginia Beach is raising the bar for...more
Sustainable Development Focus - Planned investment in energy efficiency hits all-time high - Facility Executive - Jun 23 - Interest and investment in energy efficiency are at an all-time high, according to the...more
Sustainable Development Focus - A suburban experiment aims for free energy - New York Times - Jun 3 - At first glance, Anthony and Vanessa Genau’s home in a subdivision beneath the San Gabriel Mountains is like...more
Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more
I don't play golf. I like golf, I'll go out and hit around with friends or colleagues, but I don't "play golf". To me, playing golf means 18 holes on a weekend, maybe 36, and perhaps a round or two during the week. No, I...more