Environmental Protection or Principal Constraint to Housing Production?

 : FoxandHoundsDaily – excerpt

”The California Environmental Quality Act (CEQA) has been turned on its head, becoming a full employment act for lawyers and their client neighborhood groups.

The result is that CEQA has become not a protector of the environment, but a promoter of sprawl, pushing the housing market away from existing neighborhoods and onto farmland, where the cows don’t sue.”

Those are the words of the Sacramento Bee which on several occasions both before and after this editorial appeared in 2003 has spoken critically of the state’s premier environmental law, CEQA.  That’s because rather than protecting Yosemite and the coastline, CEQA intervenes in every development project – especially housing – from downtown Oakland to suburban San Diego.

Signed by Governor Ronald Reagan in 1970, CEQA exists to assess and mitigate environmental impacts of development.  CEQA says:  “It is the policy of the state to . . . take all action necessary to provide the people of this state with clear air and water, enjoyment of aesthetic, natural, scenic and historic environmental qualities.”  The statute goes on to direct all public agencies “to develop standards and procedures necessary to protect environmental quality.”

Yet, CEQA is the most deliberate and often-used means to stop or seriously delay a development of any kind.  The tales of CEQA stifling housing production are legion.  But consider an environmental impact report (EIR) done in 2011 to bless a solar plant, no less, in San Luis Obispo County.  Before they were done, development skeptics – using CEQA – demanded, among other things, analysis and mitigation of the project’s aesthetic, agricultural, biological, cultural, geological, public service, transportation and water-use profile.  The final report was several hundred pages long…(more)

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