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

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

September 15 - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

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.