Focus
Unexpected court ruling raises substantial questions about National Environmental Policy Act (NEPA) regulations
Allen Matkins – November 15
In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA regulations are, therefore, invalid and of no effect. (Marin Audubon Society v. Federal Aviation Administration, No. 23-1067 (D.C. Cir. Nov. 12, 2024).) This unexpected ruling pulls the rug out from under nearly five decades of federal agencies’ NEPA practice and is likely to cause substantial confusion for agencies and project developers. Please see our recent alert for a discussion of the ruling and its impacts on NEPA practitioners.
News
L.A. City Council committee approves sweeping housing rezoning plan
Los Angeles Times – November 20
A key Los Angeles City Council committee unanimously approved a sweeping rezoning plan Tuesday that would focus new housing development on commercial corridors and in existing dense residential neighborhoods. The effort is in response to state housing mandates that seek to alleviate the housing crisis by requiring the city to identify land where an additional 255,000 homes can be built and have the plan in place by mid-February.
California housing projects face ‘financing drought’ after Proposition 5’s defeat
KQED – November 18
California affordable housing developers and advocates hung their hopes on Proposition 5, a measure rejected by voters that would have made it easier to raise local funding for affordable housing and public infrastructure projects. According to the Metropolitan Transportation Commission, almost 41,000 affordable housing units in the Bay Area are in the pre-development phase, meaning developers still need a certain amount of funding — collectively, about $9.7 billion — to start construction.
California Coastal Commission approves overhaul of Sonoma’s coastal land use plan
Local News Matters Bay Area – November 15
The California Coastal Commission recently approved a long-planned update to Sonoma County’s coastal land use and zoning regulations along its 55-mile coastline, which are outlined in a Local Coastal Program, or LCP, also known as a Local Coastal Plan. Some of the changes focus on goals such as encouraging more affordable housing development and combatting sea level rise.
Palm Springs approves reparations settlement with displaced families of color
The Hill – November 15
The City of Palm Springs will pay nearly $6 million in reparations to families of color who were displaced from a neighborhood there during the 1960s. The tentative settlement will be split among families who had lived in the neighborhood known as Section 14. In the 1960s, the city demolished the neighborhood for commercial development. The settlement includes $10 million for a first-time homebuyer assistance program and another $10 million for a community land trust, as well as a monument to commemorate the history of the neighborhood.
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