Streamline all, not some, developments
When it comes to making modest and reasonable reforms to a California environmental law that would ease California’s housing crisis, state lawmakers say one thing and do another.
For decades, it has been obvious that tweaks to the California Environmental Quality Act, better known as CEQA, are required as the law is routinely abused by groups with no environmental purpose wielding frivolous lawsuits to block developments. Attempts at reform usually die a quick death, though hypocritical lawmakers subtly seek exemptions — “streamlining,” as they call it — whenever they need something built.
The mere mention of CEQA reform makes many Californians knuckle up to defend California’s natural beauty. But data show CEQA abuse is not a fight between The People and developers, nor is it a fight to save the state from pollution or to protect open spaces.
A study conducted by Holland & Knight, a law firm specializing in environmental law and land use, found that half of all CEQA lawsuits are actually against taxpayer-funded projects. Another study found that 87% of the suits are against infill projects. And the studies determined a majority of the groups suing have no prior record of environmental activism.
A handful of bills sitting before the Legislature seek exemptions — excuse us, seek “streamlining” — from CEQA requirements to quickly and easily build necessary projects like low-income housing, homeless shelters and temporary housing.
Exemptions are also often given to build fancy new homes for sports teams, like the Sacramento Kings, the Golden State Warriors, the Rams, the Clippers. Even the Olympics needed exemptions, lawmakers said.
Of course, that doesn’t do much for the rest of us who just need more housing options to lower the cost of living. But the point stands: lawmakers who treat CEQA reform as a crime against humanity routinely ask for exemptions from CEQA when they really want something to get built because they know it won’t get built otherwise.
Now, you won’t see much in the way of CEQA lawsuits in Yolo County, however, the potential is growing. On Thursday night in Woodland there was a meeting on the Lower Cache Creek Feasibility Study, which is being done by the Army Corps of Engineers in conjunction with the city to provide flood protection along Woodland’s northeast side. It was attended mainly by farmers asking questions about how their land would be affected.
One of the more interesting things from our perspective was a listing of “special status species” in the project area. They included plants, birds along with “fairy shrimp and “tadpole shrimp.” Now, it’s unlikely housing is going to be affected by these “special status species” anytime soon, but it’s possible that population growth could one day force the issue.
As a means to safeguard against environmental degradation, CEQA is a useful tool. It was signed into law in 1970 by then-Gov. Ronald Reagan. Each of his successors, with the exception of Gavin Newsom, has tried with varied success to reform the law. Jerry Brown even once called CEQA reform “the Lord’s work.”
Tales of abuse are legendary. Unions abuse CEQA to hold projects hostage for personal gain. As Brown once said about the political obstacles to reforming CEQA: “The unions won’t let you because they use it as a hammer to get project labor agreements.”
Certainly, many CEQA lawsuits have merit and the law should be used to ensure actual environmental concerns are addressed. Some reasonable tweaks have been proposed: requiring disclosure of litigants’ identities and interests, eliminating duplicative lawsuits or simply affording every project the same “streamlined” privileges as sports arenas and homeless shelters.
Newsom promised to build 3.5 million new housing units in eight years, but was woefully short of being on track after his first year. If he’s serious and hopes to accomplish his goal, then he should first start with meaningful CEQA reform. By their actions, lawmakers already agree it’s needed.