By Kevin Stark : SFpublicpress – excerpt
Why the rush to build on the lowest levels of the bay?
In 1995, the Diablo Valley Ranch, a drug rehab facility in Contra Costa County, planned to expand. The problem? According to neighbors, the land it wanted to build on was contaminated with oil and toxic chemicals.
The company made what was then an obscure argument: The California Environmental Quality Act, known as CEQA, the state’s premiere environmental law, did not require developers to consider how the environment might influence its project, only how the project would affect the environment.
Today, developers are using the same reasoning to push back on the ability of Bay Area cities to regulate waterfront development and protect residents from rising sea levels, a product of human-caused climate change. Over the last two decades, as developers won over judges in more and more state courts, lawyers began peppering these phrases in environmental impact reports, lawsuits and responses to public comment…
November 2016: RULING
Mission Bay Alliance v. Office of Community Investment and Infrastructure; Golden State Warriors Arena LLC — The Court of Appeal rules in favor of the Golden State Warriors basketball team in its application for a $1 billion development including a sports arena and office complex. The legal challenge had focused on the effects on traffic and wind patterns, mentioning sea level rise only parenthetically.
“Defendants argue correctly that CEQA does not require analysis of the wind impacts on the project. “[T]he purpose of an FSEIR is to identify the significant effects of a project on the environment, not the significant effects of the environment on the project.”
December 2016: ACTION
San Francisco’s Natural Resources Management Plan — The City of San Francisco, which owns a golf course and natural area in coastal San Mateo County, issues a wide-ranging parks management plan calling for keeping the level of wetlands artificially stable. In comments, the Sierra Club objects that the proposal “will lack any resiliency in the face of increased climate stress and inevitable sea-level rise.”
“The purpose of an EIR is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment.”…(more)
Regardless of how your feel about global warming and sea level rise, pay more attention to who supports the candidates if you don’t like these rulings.