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Civil Litigation,
Environmental & Energy

Jun. 13, 2019

Tectonic legal plates: climate change and housing in California

This is about one of the most important cases in California you haven’t heard of. As public and political leaders are moving the tectonic plates of California land use law with statutes and policies dealing with climate change and housing, there is a largely unnoticed trial court case in Fresno challenging the central orthodoxy of those policies — increased housing density near transit stops — alleging those policies are counterproductive and unconstitutional as imposing a disparate burden on minority communities.

Howard B. Miller

Howard is a contributing editor and podcast host at the Daily Journal. He is a JAMS mediator and arbitrator, a past president of the State Bar of California, and a former professor of law at the USC Gould School of Law.

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This is about one of the most important cases in California you haven't heard of. As public and political leaders are moving the tectonic plates of California land use law with statutes and policies dealing with climate change and housing, there is a largely unnoticed trial court case in Fresno challenging the central orthodoxy of those policies -- increased housing density near transit stops -- alleging those policies are counterproductive and unconstitutional as imp...

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