Chris Elmendorf

@cselmendorf.bsky.social

The law prof at UC Davis. Dad. Denizen of San Francisco. Patron of Amtrak. Tweets are my own, not statements of UC. (he/him)

This looks promising! PS - I hope this network will actively work to address the widespread problem of published research studies that fail to replicate.

Chris Elmendorf@cselmendorf.bsky.social · 4mo ago

Are you a researcher or policymaker working on housing, energy, or transportation issues? Welcome to the BUILD Research Network! A project of @ssrc.org w/ support from @arnoldventures.bsky.social, BUILD is a new platform for strengthening the research-to-policy pipeline. build.ssrc.org 🧵/9

Progressives in the Pacific Northwest are lapping their CA sibs in the race for good housing policy. The latest: An Oregon ban on unfunded inclusionary zoning, with Democratic Socialists leading the charge. Read @andersem.bsky.social's story, www.sightline.org/2026/03/05/o... 1/2

Oregon’s New Path to Inclusionary Housing: Fully Funded and Flexible | Sightline Institute

An environmental justice champion led the push to end counterproductive, unfunded mandates.

sightline.org

California housing legislation idea: For the purpose of ensuring compliance with PSA deadlines, require municipalities to post on their websites A) date of application submission for housing project and deadline for determination of completeness (30 days after submission)

✨ introducing… ✨ 🌇 Transportation for the Abundant Society 🚅 "Abundance" says our problem is artificial scarcity—especially housing. But you can’t build your way out if transportation policy still treats traffic flow as sacred. Transportation is the binding constraint. ssrn.com/abstract=538...

Abstract for Transportation for the Abundant Society:

A growing chorus known as the abundance movement seeks to overcome artificial scarcity in the built environment—especially housing. Yet this movement’s signature goal of increasing housing production collides with a central driver of scarcity: development restrictions rooted in traffic concerns. Advocates often assume that building more housing will generate support for needed transportation reform. Experience suggests otherwise. In auto-dependent regions, adding housing without reconfiguring transportation tends to reinforce the logic of restriction. Unlocking abundance’s promised feedback loops requires re-grounding transportation policy in its relationship to land use.

This Article makes two contributions. First, it introduces into legal analysis a core urban-planning framework: transportation accessibility, which evaluates system performance by users’ ability to reach destinations. Though facially modest, anchoring policy in accessibility would depart sharply from a century of practice, with significant implications across state and local government law.

Second, drawing on 13 original interviews with current and former transportation officials, the Article develops a novel account of institutional barriers to reform. Far from the marble corridors and mahogany courtrooms where law is articulated, transportation policy is functionally made in the unglamorous offices of state and local government. We call this institutional crucible—shaped by agency culture and industry convention as well as hard law—“transportation policy linoleum.” It helps explain why proven, seemingly unobjectionable reforms routinely wither. The Article closes with a policy playbook designed to help accessibility break through the linoleum and deliver abundance.Table of Contents

CONTENTS
INTRODUCTION	3
I.  ABUNDANCE AND TRANSPORTATION POLICY	6
A. The Rise of Abundance	7
B. Transportation as a Binding Constraint	10
II. THE PURPOSE OF TRANSPORTATION POLICY	17
A. What Counts as Success?	18
B. From Mobility to Access	20
C. Transportation Policy Spillovers	24
1.	Housing affordability	24
2.	Climate mitigation	28
3.	Roadway safety	29
III. OPERATIONAL BARRIERS TO REFORM	32
A. Network Effects and System Interdependence	33
B. Operational Complexity and Risk	34
IV. LEGAL BARRIERS TO REFORM	36
A. NEPA and the Dawn of Conservation Primacy	36
B. Judges as Planners: California’s CEQA Regime	40
C. Judges as Planners Around the Country	44
1.	Minnesota and comprehensive planning	44
2.	Washington, D.C. and density review	46
3.	Montana and constitutional penumbra	46
V. TRANSPORTATION POLICY LINOLEUM	48
A. Policy “In Books” and “In Action”: 13 Interviews	48
B. Fragmentation and Coordination Failures	49
C. Path Dependence and Institutional Lock-In	53
D. Legal Risk and Defensive Administration	55
VI. A POLICY PLAYBOOK FOR ACCESS	57
A. Behavioral Data as Participation	57
1.	Ex ante participation	58
2.	Ex post participation	59
B. Realistic Alternatives Modeling	59
C. A More Honest Cost-Benefit Analysis	60
1.	Requiring cost-benefit discipline	61
2.	Accounting for opportunity costs and externalities	63
CONCLUSION	64

ToC continued, plus first bit of text from article:

A central claim of the emerging “abundance agenda” is that in the physical world, more is more: more housing, more clean energy, and more infrastructure to support both. Abundance brings the American promise of plenty into policy, arguing that government should expand capacity—so that individuals can access the good life and society can advance climate goals, scientific discovery, and prosperity. In both its academic and popular expressions, the ideologically diverse movement  contends that law has created artificial scarcity  and that the remedy is to loosen outdated constraints and rebuild state capacity  so government can build and approve major projects—housing, transportation, energy, health—more quickly and reliably.
Abundance draws on a substantial literature diagnosing law-made supply constraints in American public policy. Its core question is pragmatic: how to clear regulatory blockages to enable more building. Scholars have long identified such blockages at the intersection of land use and transportation, from highways to high-speed rail. Yet even improved megaprojects would not meet most Americans’ daily transportation needs. And the connection between transportation policy and abundance remains underdeveloped, even as political interest grows.

This is a great question ⤵️. The CA Leg has made existing old, small, and often-unsafe apartment buildings almost impossible to redevelop. A big mistake. There's a real need to reconsider & standardize tenant protections, while giving tenants collective agency to authorize redevelopment.

David Bonowitz@dbonowitz.bsky.social · 7mo ago

Lots of good stuff here (& some dubious). Thanks for the thread. I have 2 broad questions: 1. The South Bay has THOUSANDS of 2-story multi-unit buildings (standalone & complexes) from the 60s. What is the best use of this land, in your view, and if different, what is the best way to make the shift?

Bingo. Davis Bacon wage rates are determined via surveys sent by DOL to construction projects. Most contractors don't bother to report payroll data unless harassed by local unions.The job sites the unions harass are typically those with subs using union labor or public works projects paying PW.

I mean PW came about during New Deal over concerns that as Fed govt was essentially a monopsonistic buyer of cxn labor during Great Depression, Feds would use buying power to lower wages further. The policy argument for having PW is frankly well long since dead.

Prof. Elmendorf's thread reminds me of the time when a Palo Alto homeowner wanted to hire me to find fault with the environmental assessment for this affordable housing project. He and his attorney were perfectly ready to pay me $300/hour for this work. 🧵 site.robquigley.com/project/alma/

A photograph of a four-story stucco apartment building at the corner of a city street, with a mix of beige, concrete, and bright red paint. Umbrellas can be seen on a 2nd story balcony. Source:

https://site.robquigley.com/project/alma/
Chris Elmendorf@cselmendorf.bsky.social · 7mo ago

🧵 on a big new CA Court of Appeal decision that's going to make CEQA attorneys think twice when they're next asked to challenge a housing approval on contingency. threadreaderapp.com/thread/20065...