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Abuses of CEQA continue to mount. The time for CEQA reform is now.

March 23, 2023

It looks like reform finally might come for the California Environmental Quality Act. Along with many others, Gov. Gavin Newsom was outraged last month when Judge Gordon Burns of the First District Court of Appeal stalled new housing for UC Berkeley students and the homeless. “California cannot afford to be held hostage by NIMBYs who weaponize CEQA to block student and affordable housing,” he charged. “This law needs to change.”

Now the Little Hoover Commission, the state’s independent citizens oversight body, for the first time is putting a magnifying glass to CEQA. The commission said it “will survey the debate that surrounds CEQA, examine CEQA’s role in protecting the environment and providing public disclosure, and evaluate the nature and extent of CEQA’s impact on housing, land use, and other issues.” The first hearing was March 16, with two more set for April 13 and 27.

“CEQA is a litigation defense game, as it has evolved,” testified San Francisco attorney Jennifer Hernandez on March 16. “Many things need a little refreshing over time.” She cited data showing half of new housing projects in California face CEQA challenges.

It’s especially troubling how CEQA is used to block low-income housing during this time of a vast housing shortage. “During my eight years on the Newport Beach Planning Commission, I witnessed several ‘greenmailing’ attempts to block well-vetted projects for ‘environmental concerns,’ even though our local environmental groups were not opposing the project,” Newport Beach Councilman Erik Weigand told us. “In one particular instance, it was clearly obvious the carpenters union was shaking down the developer in order to secure work.”

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That project is Newport Crossings and its 350 apartments, 78 for low-income tenants. “It’s entitled,” Weigand said. “They are working on getting their permit issued.”

“We all know these tactics not only delay a good project from being built, but they drive up the costs of housing,” he added. “Another frustrating component Hernandez discussed is how CEQA is tossed overboard and bargained away by special interests when politicians feel something must be done in California. Take for instance the building of SoFi Stadium in Inglewood or the Golden 1 Center in Sacramento.”

It is indeed an outrage when billionaires’ sports projects take precedence over housing needs.

Everyone wants a clean environment, the original intent of the 1970 CEQA law signed by Gov. Ronald Reagan, a free-market advocate. We hope the Little Hoover Commission makes the most of its CEQA review and recommends effective reforms the Legislature can enact this year. We can’t wait any longer.

Orange County Register

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Abuses of CEQA continue to mount. The time for CEQA reform is now.

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