Opinion: How California’s Environmental Law Empowers NIMBYs

Critics of a new provision calling “social noise” an environmental impact say the law can too easily be co-opted by anti-housing groups to block new development.

2 minute read

March 27, 2023, 9:00 AM PDT

By Diana Ionescu @aworkoffiction


An opinion piece from early March by Jennifer Hernandez and Robert Apodaca in the Los Angeles Times outlines how community groups have used the California Environmental Quality Act (CEQA) to block new student housing at the University of California, Berkeley.

The authors argue that building more housing close to campus is in fact the more environmentally friendly option. “More students living near campus means less traffic.” But a recent court ruling halted plans for a new housing complex and forced the university to withhold admission from thousands of potential new students, citing the potential impacts of a higher population. 

Now, a new court ruling deems noise from college parties an environmental impact, giving NIMBY groups another weapon in their fight against new university housing. The authors see this as a slippery slope to other restrictions. “The concept of ‘social noise’ is perfectly designed to block housing in existing neighborhoods. If this ruling stands, other demographic and individual behaviors could become adverse ‘environmental’ impacts under CEQA.” Meanwhile, the authors point out that students who experience housing insecurity are more likely to drop out, making affordable housing a crucial part of supporting student success. 

More on the UC Berkeley story:

Friday, March 3, 2023 in Los Angeles Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 9, 2025 - Diana Ionescu

Green vintage Chicago streetcar from the 1940s parked at the Illinois Railroad Museum in 1988.

Chicago’s Ghost Rails

Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.

July 13, 2025 - WTTV

Bend, Oregon

Bend, Oregon Zoning Reforms Prioritize Small-Scale Housing

The city altered its zoning code to allow multi-family housing and eliminated parking mandates citywide.

7 hours ago - Strong Towns

Blue and silver Amtrak train with vibrant green and yellow foliage in background.

Amtrak Cutting Jobs, Funding to High-Speed Rail

The agency plans to cut 10 percent of its workforce and has confirmed it will not fund new high-speed rail projects.

July 14 - Smart Cities Dive

Green Skid Row mural satirizing city limit sign in downtown Los Angeles, California.

LA Denies Basic Services to Unhoused Residents

The city has repeatedly failed to respond to requests for trash pickup at encampment sites, and eliminated a program that provided mobile showers and toilets.

July 14 - Los Angeles Public Press