CEQA does not set environmental sustainability standards; rather, it requires that developers undergo specific analytic procedures to identify the environmental impact of their projects and adopt feasible mitigation measures. State and local agencies then provide a series of approvals (or “entitlements”) to move development forward. However, a public appeal can be filed within a month after each approval.
Herein lies the controversy: projects could be delayed for months, or even years, at great cost, transforming CEQA from an environmental assessment into a tool for NIMBYism (NIMBY stands for “Not In My BackYard,” which describes an anti-development attitude based not on the merits of a project, but simply on the preferences of residents impacted by the project). Consequently, the planning process becomes uncertain and the risk developers must take increases, making them more hesitant to invest and build.
In San Francisco, in October of 2012, Supervisor Scott Wiener proposed legislation to modify CEQA so that a public appeal can be filed only after a project’s first entitlement. His aim is “to make [CEQA] more streamlined.”
Predictably, the proposal was met with much anger and questioning. Some claim that weakening CEQA guidelines would only decrease the accountability developers have over the environmental impact of their projects. Therefore, as cumbersome as CEQA may be, relaxing its guidelines comes at the expense of protecting the environment.
In fact, when Supervisor Wiener proposed the legislation, citizens lined up to object to his proposal for more than 90 minutes. The Planning Commission ultimately called for a more refined version of his proposal and a deeper study into the public opinion over that improved proposal. Supervisor Wiener is not the first person to attempt reform of CEQA; many others have tried similar changes in the past, without success.
Do you know of any projects that were delayed at unreasonable costs through the exploitation of environmental laws? What sorts of environmental laws have your public agencies created which could help inform this most recent attempt to reform CEQA?
Credits: Image courtesy of Castro Buscuit. Data linked to sources.