Photo of Kathryn Kafka

Kathryn Kafka

Subscribe to Kathryn Kafka's Posts

Kathryn C. Kafka is an associate in the Real Estate, Energy, Land Use & Environmental Practice Group in the firm's San Francisco office.

Contact:Read more about Kathryn Kafka

Until recently, local policies on homelessness have been guided by two controversial rulings from the Ninth Circuit Court of Appeals: Martin v. Boise (9th Cir. 2019) 920 F.3d 584 and Johnson v. City of Grants Pass (9th Cir. 2022) 50 F.4th 787.[1] However, the Supreme Court’s decision in City of Grants Pass v. Johnson (2024) 603 U.S. ____, is likely to transform local jurisdictions’ policy approaches to managing homelessness. In a 6-3 decision, the Supreme Court upheld the city’s ban on camping and parking overnight on public property.Continue Reading Supreme Court Holds That the Eighth Amendment Does Not Prevent Enforcement of Local Camping Bans, Authorizing a Significant Shift in Local Policies on Homelessness

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from implementing effective strategies to address homelessness, while homeless advocates argue that these decisions are necessary to prevent criminalization of involuntary homelessness. However, there is potential clarity on the horizon as the Supreme Court is poised to decide whether to hear the case next term.Continue Reading Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

In the closing weeks of 2022, the California Air Resources Board (“CARB” or “Board”) approved its final 2022 Scoping Plan, which sets forth a detailed roadmap to accelerate the reduction of greenhouse gas (“GHG”) emissions in order for the state to achieve carbon neutrality by 2045, with an interim goal of achieving a reduction in GHG emissions of 40% below the 1990 level by 2030 (the goal adopted by the State in 2017’s SB 32).Continue Reading California Air Resources Board Adopts 2022 Scoping Plan