State Preemption

Rattlesnakes

Silicon Valley Town Backs Off Mountain-Lions-as-Density-Deterrent

An update for Woodside's plans to avoid a state-mandated rezoning by claiming that the entire town serves as mountain lion habitat.

February 8, 2022 - Los Angeles Times

A map showing the location of Woodside, California and its surrounding roads.

A Novel Defense Against State-Mandated Density: Mountain Lions

Woodside, a small town in the South Bay Area of California, has invented a new method for resisting state-mandated zoning reforms.

February 3, 2022 - The Almanac

Downtown Philadelphia

The Path to Hyperdensity

The federal government has an opportunity to make a generational investment in the country's infrastructure that could fundamentally shift the way we live and move around cities.

January 26, 2022 - Governing

San Diego Trolley car

Report: San Diego Trolley Extension Cost Double the Average for U.S. Light Rail

Experts attribute the high cost of the project to local opposition and call on state and federal leaders to give transportation agencies more authority over local jurisdictions.

January 24, 2022 - San Diego Union-Tribune

Eviction Crisis

New York's 'Good Cause Eviction' Bill, Explained

Here's a slightly humorous approach to a serious topic: the Good Cause Eviction law making its way through the New York State Legislature.

January 18, 2022 - The New York Times

Indianapolis Bus Rapid Transit

State Bill Could Kill Indy BRT Line

A law proposed in the Indiana state legislature would ban dedicated bus lanes and force IndyGo to cancel a planned bus rapid transit line to the city's airport.

January 14, 2022 - Indianapolis Star

Marijuana

Zoning for Marijuana: Retail Not Included

Local municipalities in New Jersey retain local control in response to a state law that legalizes marijuana businesses throughout the state.

December 23, 2021 - NorthJersey.com

An aerial view of New Jersey suburbs, with Manhattan and New York City in the distant background.

Ambitious Zoning Reform Package Proposed in New York State Legislature

Single-family zoning, parking requirements, and minimum lot sizes are on the chopping block in Senate Bill S7574.

December 14, 2021 - TheRealDeal

A "Road Work Ahead" lies neglected on the ground next to a street in Boise, Idaho.

State Law Preempts Federal Transit Relief Funding in Idaho

Idaho state law prevents local voters from implementing the sales taxes that generate revenue to match federal funding for transportation projects, taking local and regional projects out of the running for many federal grant programs.

October 5, 2021 - Magic Valley

COVID-19 Test

The Pandemic Crisis Is a Hospital Crisis

"Flatten the curve" was one of the first pandemic terms that Americans heard during the first surge. The idea was to reduce coronavirus transmission so as to prevent hospitals from becoming overwhelmed. But which curve? Case in point: Idaho.

September 23, 2021 - The New York Times

An aerial image of Bend, Oregon, covered in snow in the winter. The Deschutes River cuts through the middle of town, below an old mill.

Bend First to Comply With Oregon's Statewide Upzoning Law

Oregon made history in 2019 by being the first state to adopt statewide legislation to end single-family zoning. Now, Bend is the first city of more than 25,000 people to comply with that historic legislation.

September 21, 2021 - The Bulletin

Pandemic Protest

Pandemic Debate: Civil Liberties vs. Individual Liberties

The American Civil Liberties Union stepped into the nation's masking debate in K-12 schools on the side of parents of students with disabilities. They won the first round in the U.S. Southern District Court of Iowa. Mask mandates are permitted again.

September 20, 2021 - Des Moines Register

Back to School September 2020

Biden Administration Targets Five States that Ban School Mask Mandates

President Biden asked his education secretary to see what could be done about states that prohibit school districts from enacting CDC public health recommendations. Miguel Cardona responded by empowering his Office of Civil Rights to investigate.

September 7, 2021 - The New York Times

Texas Capitol Building

Preemption of Green Cities in Red States

State legislatures, frequently acting on behalf of corporate interests, are preempting local reforms and regulations necessary to limit the emissions that cause climate change.

September 7, 2021 - Joan Fitzgerald

Two young people wear masks while standing outside in Florida.

Florida Judge Rules That Governor Overstepped Authority in Banning School Mask Mandates

A group of parents won the first round on Aug. 27 in a state circuit court in a dispute with the governor and state education agencies over the ability of school boards to require all students to wear masks to prevent the spread of the coronavirus.

August 30, 2021 - WFLA

Minneapolis, Minnesota

Statewide Zoning Reform Proposed in Minnesota

The proposed Comprehensive Housing Affordability Act would trade development fees for zoning relief.

August 24, 2021 - The Center Square

Social Distancing

Supreme Court of Texas Upholds Governor's Ban on Local Mask Mandates

As the coronavirus surges in hard-hit Texas, threatening to overwhelm hospitals, the state supreme court affirmed the right of the governor to preempt local governments from enacting proven health measures to keep residents safe from infection.

August 17, 2021 - Houston Chronicle

Metro STation

Answers to 12 Questions About California Assembly Bill 1401

Assembly Bill 1401, one of the most closely-watched land use bills in the California State legislature this year, would remove parking requirements in "High Quality Transit Areas" statewide.

June 15, 2021 - Donald Shoup

Minnesota State Capitol

Rent Control Showdown in Minnesota

Republicans in the Minnesota State Legislature ditched an effort to block voters in the Twin Cities from implementing rent stabilization laws.

June 15, 2021 - Minnesota Reformer

Connecticut Capitol Building

Connecticut Approves Statewide Zoning Reforms—Bill Awaits Governor's Signature

Advocates and political supporters are calling HB 1607 an incremental, first step, after the process of building a winning political coalition cut back some of the original ambition of the statewide zoning reform effort.

June 2, 2021 - Hartford Courant

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