Litigation isn’t the answer for more affordable housing, Mr. Governor, overhauling CEQA is

By Tyler Diep : ocregister – excerpt

In one of his first official acts as Governor, Gavin Newsom has declared hostility against one of the cities that I have the honor of representing in the Legislature: Huntington Beach. Governor Newsom announced the lawsuit this past Friday, along with Attorney General Xavier Becerra, to litigate high density housing into our neighborhoods.

Like many other immigrants, I still believe that owning a home is part of living the American Dream. However, for the Governor to exclusively file suit against Huntington Beach is not only unfair but he also fails to recognize the true impediment to more affordable housing – the California Environmental Quality Act, known as CEQA…

According to Joel Kotkin and Marshall Toplansky’s California Feudalism, the Squeeze on the Middle Class, “Barely 5 percent of the state is developed, including all the suburbs and exurbs, and California has the highest urban densities in the nation, even higher than New York.”… (more)

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also Vulnerable

By Whitney Hodgesnatlawreview – excerpt

Tuesday, August 22, 2017 : In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental Quality Act of 1970 (Pub. Res. Code § 21000 et seq.) (“CEQA”), a state statute, to a state public entity railroad project on a rail line owned by that same entity, the North Coast Rail Authority (“NCRA”). Friends of the Eel River resolves a split among the California Courts of Appeal.[1] However, the decision may conflict with federal precedent and could eventually reach the Supreme Court. As the majority opinion and the dissent both emphasize, the decision creates a direct conflict with the federal Surface Transportation Board’s (“STB”) determination that ICCTA preempts any application of CEQA to California’s state-owned, high-speed rail project.[2] Thus, the dispute over CEQA’s application to High-Speed Rail may need to be resolved by the U.S. Supreme Court. Additionally, Friends of the Eel River introduces more legal complications for the planned $64 billion bullet train between Los Angeles and San Francisco, as it appears to require that project to comply with CEQA, which could lead to additional litigation… (more)

%d bloggers like this: