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PrawfsBlawg

Boudin, Berkeley Launch Center for the Study of the Matthew Effect

By prawfsblawg@gmail.com
June 1, 2023

Main Thursday, June 01, 2023Boudin, Berkeley Launch Center for the Study of the Matthew EffectThe actual name and purported goal of the center are different, but believe me, the interesting object of study here is the Matthew Effect.…

CEQA Developments

First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And Minor LRDP Amendment Are Mooted By Superseding 2021 LRDP Update EIR And Passage Of SB 118

By Arthur F. Coon
May 30, 2023

In an opinion filed April 27, and certified for partial publication on May 19, 2023, the First District Court of Appeal (Div. 1) vacated the trial court’s order granting a writ directing the University of California’s Regents (Regents) to decertify…

ImmigrationProf Blog

Pathbreaking Asian American bookstore closing after 41 years

By immigrationprof
May 5, 2023

One of my favorite spots during graduate school was Eastwind Books of Berkeley, located on University Avenue a short distance from the UC Berkeley campus. It was a place to find innovative writing and discover fresh voices. It was also…

Real Estate, Land Use & Environmental Law Blog

Ninth Circuit Strikes Down Berkeley’s Ban on Natural Gas in New Construction, Dealing Blow to California’s Electrification Efforts

By Brooke Miller & Elijah Griffen
April 26, 2023
Real-Estate-Commercial-Construction-Blog-Image-660x283

Last week, in California Restaurant Association v. City of Berkeley, the Ninth Circuit ruled the federal Energy Policy and Conservation Act (EPCA) preempts local bans on the installation of natural gas infrastructure in new construction. Specifically, the Ninth Circuit…

The Right Coast

Court strikes down Berkeley ban on natural gas stoves HotAir

By Thomas A. Smith
April 18, 2023

Back in 2019, the liberal stronghold of Berkeley, California became the first city to ban natural gas hookups in most new construction projects. The California Restaurant Association took them to court almost immediately. Their complaint had less to do with…

California Land Use & Development Law Report

Units Converted from One Residential Use to Another Are Not Exempt from Rent Control under Costa-Hawkins

By Geoffrey Robinson
April 5, 2023
Teaching lawyers to fish better than selling them a fish

Remodeled residential units converted from space long dedicated to residential use are not considered new construction and are not exempt from local rent control under the Costa-Hawkins Rental Housing Act. NCR Properties, LLC v. City of Berkeley, No. A163003 (1st…

California Land Use & Development Law Report

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

By Kaela Shiigi
March 31, 2023
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A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the HAA issue.…

Land Use Law Blog

Appellate Court Gives Partial Credit To Regents On LRDP And Project EIR; however, Overall EIR Assignment Is Incomplete.  Rowdy Students Partly To Blame.

By William W. Abbott, Abbott & Kindermann, Inc. & Tiara Galindo
March 22, 2023

In Make UC A Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, the First Appellate District grappled with a university EIR that served two purposes:  a long range development plan (“LRDP”) and a specific campus…

California Land Use & Development Law Report

First District Invalidates EIR for UC Berkeley’s Student Housing Project at People’s Park for Failure to Analyze Alternative Locations and Noise Impacts

By Angela Luh
March 10, 2023
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The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents of University…

CEQA Developments

First District Reverses Judgment In Controversial “People’s Park” CEQA Case, Holds UC Regents’ Program/Project EIR For Long Range Development Plan And Site-Specific Student Housing Project At The Park Failed To Adequately Analyze Alternative Housing Sites, And Student Noise Impacts

By Arthur F. Coon
March 3, 2023

In a published opinion filed February 24, 2023, the First District Court of Appeal (Div. 5) reversed a judgment upholding the adequacy of the EIR for the University of California, Berkeley’s long range campus development plan (“LRDP”) and a controversial…

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