A study of CEQA litigation revealed widespread abuse that experts say undermines California's environmental sustainability goals.
In August, law firm Holland & Knight released an updated comprehensive study of lawsuits filed under the California Environmental Quality Act from 2010-2012.
The report’s authors say their findings debunk the common wisdom that CEQA litigation is advanced primarily by environmentalists, or even that it serves primarily environmental purposes. In fact, the opposite may be true.
Some of the discoveries supporting this conclusion may be surprising:
- Among infrastructure projects, transit—not highways or roads—is most frequently challenged.
- Renewable energy projects are the most often challenged utility/industrial projects.
- And in the private sector, higher-density housing is most contested. Infill projects in general appear to attract challenges far more often than “greenfield” development, or sprawl.
Report co-author Jennifer Hernandez summarizes the takeaway in The Planning Report:
“CEQA litigation is not a battle between ‘business’ and ‘enviros’ … [It] is primarily the domain of Not In My Backyard (NIMBY) opponents and special interests such as competitors and labor unions seeking non-environmental outcomes.”
If CEQA is generally regarded as the province of environmentalism, then calls for CEQA reform are sometimes seen as threatening progressive goals. But Hernandez argues that moderate reforms aimed at transparency and consistency would advance sustainability and equity in the state by curbing abuse of the well-intentioned statute.
Hernandez summarized the report and her proposals in The Planning Report.
Read the full story: New CEQA Study Reveals Widespread Abuse of Legal Process by ‘Non-Environmentalists’
Amtrak, CN end decades-long dispute with eight-year agreement
The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.
Judges permit Denver to divert 77,000 acre feet from the Colorado River for reservoir expansion
Overuse and climate change have caused the Colorado River’s water levels to plummet.
Nation's most wind-powered state turns to coal as data centers increase energy demand
For the first time in decades, Iowa has increased its generation of coal power.
Boston has spent millions making the Green Line more accessible — and there’s no end in sight
While the city has invested millions into expanding and adding platforms to the Green Line to make it more accessible, new train cars set to arrive next year will be too tall for disabled passengers to board without raising the current platforms.
Idaho may see an 18% drop in federal surface transit funding — the largest estimated cut in the US
Transit systems in rural communities are much more reliant on federal funding to provide their services.
How ‘post-disaster gentrification’ alters neighborhoods after natural calamities
After hurricanes, fires or other calamities, the original residents of a community are often replaced by younger, wealthier residents.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
City of Wisconsin Rapids
Harvard University Graduate School of Design
KFH Group Inc.
The Architects Foundation
University of Cincinnati Online
The Pocatello Development Authority
The Urban Renewal Agency of the City of Pocatello