As media reports of the coronavirus started to become front-page news, my interest was peaked by articles that described the situation as an “infodemic”. Now several weeks and three-federal relief packages later, I think it is safe to say that many non-federal infrastructure interests are surfing from an infodemic on what Congress did and (more
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Think Inside the Box(es)
Imagine how early you could retire if you had a dollar for every time someone told you to “think outside the box.” Personally, I can’t count the number of times I’ve heard this charge in my educational and professional life. But what if I told you that the real money can be found by thinking
Waiving USACE Policy Requirements: A Tool to Get Urgent Projects Completed
Most of our past Blog posts have been focused on current events, analysis of new trends, and breaking news. Today, we are sharing some news that is eight months old but that offers a potential and promising path for getting things done. Some of you may already know of a not-very publicized policy memo distributed
How Flood Insurance and Endangered Species Are Connected
Most people would not associate flood insurance with the protection of endangered species. But over the past decade, the Federal Emergency Management Agency (FEMA) has been the target of multiple lawsuits alleging that the agency has violated the Endangered Species Act by not considering the impacts of its flood insurance program on endangered species and
First District Rejects “Location Exception” for Project in Earthquake Fault and Landslide Areas and Affirms Class 3 Exemption for Small Residential Projects in the Berkeley Hills
In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family homes on adjacent parcels in the Berkeley Hills was exempt under CEQA’s Class 3 exemption for single-family residences in urbanized areas.
SB 50 “Equitable Communities Incentive” Would Exempt Affordable Housing Developments in “Job-Rich” and “Transit-Rich” Areas from Certain Zoning Standards
California
State Senator Scott Wiener (D–San Francisco) has introduced Senate Bill 50, the
More Housing Opportunity, Mobility, Equity, and Stability (“HOMES”) Act, which establishes
the “equitable communities incentive.” This incentive would allow developers to
bypass certain local zoning restrictions when building multi-family units that
are near transit or employment opportunities in exchange for allocating a
Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process
On October 24, 2018, the Fourth Appellate District upheld the trial court’s decision in Save Our Heritage Organization v. City of San Diego (D073064), finding that the use of an addendum as outlined in section 15164 of the California Environmental Quality Act (“CEQA”) Guideline for approval of project modifications is valid under CEQA and does
Federal Funding Panel Shared Interesting Perspectives at Annual FMA Conference
At last week’s Floodplain Management Association meeting in Reno, Nevada, the two of us planned and participated in a panel discussion on federal funding for flood control projects under the Trump administration. Attendees enjoyed a discussion on federal funding options for local entities that are ready to carry out a flood control project (or any water infrastructure
WRDA, Appropriations, and USACE Is Staying Where It Is (for now, at least): A Busy Few Days on the Hill
All joking aside about a gridlocked Congress, real progress has been made this week on flood risk reduction authorizations and appropriations. As explained below, it is looking like the 2018 Water Resources Development Act (WRDA) may pass shortly, and the relevant budget subcommittees are ready to move an agreed-upon appropriations packet forward to their respective
DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit
On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure component proposed by DWR and United States Bureau of Reclamation. DWR’s action triggered a 30-day statute of limitations to raise CEQA challenges to the