The Uneventful History of Government Code Section 65759

Cullen Conboy - UC Davis School of Law
Vol. 57
Page 35

Through an analysis of the legislative history of AB 1612, this Note presents section 65759 as it was understood by its drafters. This perspective sheds light on the provision’s ambiguities and helps clarify the section’s utility in future efforts to create more housing.

CEQA has been described as an insurmountable barrier to California’s housing goals. Jennifer Hernandez — a partner at Holland & Knight LLP and head of a team that has analyzed every CEQA lawsuit filed between 2010 and 2015 — has proclaimed that the state’s “housing goals . . . are fantastical at best under ‘environmental’ procedures that are imposed by CEQA.” However, this Note suggests that section 65759 offers untapped potential to housing advocates seeking to circumvent CEQA’s formidable barriers.

View Full Article