ENVIRONMENTAL LAW & POLICY eJOURNAL

"Effect of California Greenhouse Gas Regulations on Local Land Use and Regional Transportation Planning" Free Download
San Diego Legal Studies Paper No. 17-295

NILMINI SILVA-SEND, University of San Diego School of Law
Email:
SHANNON MANDICH, Independent

This working paper considers the effects of two California bills related to greenhouse gas (GHG) regulation – SB 375 (land use and transportation) and SB 97 (new CEQA Guidelines for GHG planning) – on local land use and regional transportation planning – in particular to contribute to climate and energy policy analysts’ understanding of land use development’s contribution to GHG mitigation.

Climate and energy policy analysts working to develop GHG mitigation policies with local jurisdictions are faced with analyzing the effect of transportation policies that lead to GHG reduction. For example, a policy that implements aggressive goals for alternative transportation other than the single use vehicle must consider land uses zoned for such alternative uses, and consider the combination of effects from all modes of transportation. Land use is a local phenomenon and the state has little power to mandate direct land use changes. On the other hand, the state can and has mandated GHG reduction targets to be achieved from the transportation sector (SB375), which invariably leads to land use changes, and has mandated the analysis of GHG emissions from projects (SB97) and its mitigation to be consistent with the state GHG reduction goals. This paper starts with a background on the basics of local land use planning as reflected in the General Plan, and regional planning as reflected in the regional transportation plan. It then considers provisions of the two regulations, SB 375 and SB 97, how they interact, and how courts have responded to ensuing litigation, to show that SB97 rather than SB375 is currently the main driver of change in land use planning to help lead to transportation GHG emissions changes.

^top

About this eJournal

This eJournal distributes working and accepted paper abstracts dealing with research in the field of environmental law and policy.

Editors: Holly Doremus, University of California, Berkeley, John Patrick Dwyer, University of California, Berkeley, and Peter S. Menell, University of California, Berkeley

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

Distribution Services

If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

Distributed by

Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.