Superior Court judge rules fast-track law on CEQA challenges unconstitutional

Alameda Superior Court Judge¬†Frank Roesch has ruled that a provision of AB 900 is unconstitutional, meaning environmental challenges to certain large-scale development¬†projects must start in the lower courts… (more)


Judge Nixes Provision of CEQA Streamlining Law – By Rebrkah Kearn
OAKLAND, Calif. (CN) – A section of a California law aimed at streamlining construction projects by moving jurisdiction to the appellate courts is unconstitutional, a state judge ruled Friday.
Ruling from the bench, Judge Frank Roesch of Alameda County Superior Court struck down Public Resources Code 21185 of Assembly Bill 900, which modified the review process for certain projects under the California Environmental Quality Act (CEQA).
Gov. Jerry Brown signed into law AB 900 and its companion bill SB 292, which proposed the building of a massive football stadium in downtown Los Angeles, on Sept. 27, 2011. Both bills took effect last January.
AB 900, the Jobs and Economic Improvement Through Environmental Leadership Act, creates a fast-track judicial review process meant to get major construction projects off the ground sooner.
The law allows the governor to designate certain construction projects as “leadership projects,” giving them an expedited CEQA review process in the appellate courts.
Projects can trigger the streamlined review process by agreeing to proceed with mandatory CEQA litigation in the state appeals courts rather than the trial courts, which usually have jurisdiction in CEQA cases… (more)

How an environmental law is harming the environment
CEQA needs reform because it doesn’t address threats on the environment posed by climate change.
The state Legislature adopted the California Environmental Quality Act more than 40 years ago. But today, anti-growth activists are now using the landmark environmental law to stymie projects that would help fight climate change… (more)


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