Is this the year that CEQA goes down in a flaming pile of EIRs and writs? The year when unwashed masses of tree huggers watch helplessly as greedy developers pave paradise to put up parking lots? Probably not, but there is no doubt the California Environmental Quality Act is under attack these days.
Legislation to weaken CEQA is pending in Sacramento, and a ballot measure that would prohibit citizen lawsuits based on CEQA has received clearance for signatures. The CEQA haters argue that the law is stifling California's economy. (You can swap "AB 32" or "SB 375" into that sentence if you want, but that's for another article.)
0-and-4. That's the Third District Court of Appeal's record in California Environmental Quality Act cases at the state Supreme Court since 2007.
Earlier this month, in Stockton Citizens for Responsible Planning v. City of Stockton(see CP&DR Legal Digest, March 15, 2010), the state Supreme Court unanimously reversed a Third District ruling regarding the statute of limitations for filing a lawsuit that challenges a city's notice of exemption from CEQA review.
What appeared last fall to be a major win for property rights advocates may have been a fleeting victory. Earlier this month, an en banc panel of the Ninth U.S. Circuit Court of Appeals decided to rehear a rent control case from the City of Goleta, meaning the earlier ruling in favor of the property owner is wiped out.
If California cities are truly running out of money, how can some of them afford to maintain the yard police?
That's what I kept thinking when I read the new stories about the City of Orange prosecuting homeowners who replaced their lawn with drought-tolerant plants and bark.
With yet another $20 billion deficit looming, the State of California government appears to be on the verge of a complete meltdown. Dealing with this situation would be trying under any circumstances, but everything is made more difficult by two things: Proposition 13, and voters' failure to understand the consequences of Proposition 13.
California Environmental Quality Act lawsuits may be the next victims of the state's ongoing recession. Democratic and Republican lawmakers have introduced legislation that follows up on Gov. Schwarzenegger's call to exempt 100 projects from judicial challenge based on the environmental law. Citing the ongoing recession, both supporters and opponents of the idea say this just might be the year that lawmakers are willing to take a bold strike at CEQA.
The very first edition of CP&DR that I oversaw from start to finish contained a story on the front page with the headline, "Smart Growth Hits The Agenda Of California And National Leaders." That's right, I've been editor of CP&DR since the concept of "smart growth" was new.
The story was the March 1999 edition of CP&DR. The February 15, 2010, edition is my last as editor. It's time for me to move along.
As the popularity of motor sports, especially stock car racing, blossomed during the late 1990s and 2000s, a number of would-be race track developers and local government officials in California pursued high-speed economic dreams. However, actually building a race track in California has proven to be far more difficult than proposing a track and even winning development entitlements.