In California Battle of Housing vs. Environment, Housing Just Won

A new California state law could upend a key environmental review law that some critics have blamed for exacerbating the housing crisis and blocking or delaying much-needed housing construction.

The California Environmental Quality Act (CEQA) has, historically, been one of the most powerful tools for environmentalists, historical preservationists, and others (including NIMBY activists) who oppose new development, explains Ben Christopher in CalMatters.

The law has been a double-edged sword, protecting important ecosystems and limiting sprawl, but also hindering housing development in a state where affordable housing is sorely needed. “That’s because the law allows any individual or group to sue if they argue that a required environmental study isn’t accurate, expansive or detailed enough. Such lawsuits — and even the mere threat of them —add a degree of delay, cost and uncertainty that make it impossible for the state to build its way to affordability, CEQA’s critics argue.”

Now, most new apartment buildings “will no longer face the open threat of environmental litigation” if located in already developed areas. The bill includes certain density requirements, precluding single-family development, and is limited to projects under 20 acres.

Although CEQA was, for years, a lynchpin of progressive environmental policy, the discourse has shifted as the state’s housing crisis has deepened and energy efficiency and climate issues have taken a more central role in public policy. “That infill focus has made it easier for the Democratic-controlled Legislature to swallow such a significant scaling back of California’s signature environmental law. Promoting denser urban development generally means using less land, constructing new housing that uses less energy and setting up new residents to do a lot less driving.”