The Assault on Democracy Continues

A new attack on CEQA (California Environmental Quality Act) is in the works. The California Chamber of Commerce announced it had filed paperwork to place a measure on next November’s statewide ballot that would overhaul the law (LINK). If passed, this measure would impose a 365-day limit on environmental reviews for a wide range of projects. It would also require courts to rule within 270 days of the filing of CEQA lawsuits challenging those projects. The accelerated timelines created by this measure would strain an already overloaded court system, as well as local governments, and could also result in less rigorous environmental review for some potentially environmentally harmful projects.

Previously in July, SB 131 was signed into law, changing how California evaluates and approves construction and development projects under CEQA by expanding exemptions, shortening agency timelines and directing faster mapping of infill sites in cities. A broad advanced manufacturing exemption could cover lithium compound production, battery manufacturing, heavy metal processing, certain waste processing or incineration when characterized as advanced manufacturing (LINK). By thus allowing some projects to skip traditional CEQA review, SB 131 reduces public notice, public comment periods and certain mitigation steps communities had relied on. The period allowed for public comment on an Environmental Impact Report, which may run hundreds, or even thousands of pages with addenda, was often already too short for thorough analysis. Although AB 1083 has been introduced to restore essential CEQA protections (if it passes), it still allows an exemption for semiconductor manufacturing, which produces high levels of heavy metal pollution (LINK).

CEQA is constantly being scapegoated as impeding economic development, which is ironic since Governor Newsom is continually touting how California is the world’s fourth-largest economy, after Germany. Germany has more than twice the population of California, but California has a per capita GDP almost double that of Germany. Given that California does not have egregiously unhealthy hotspots like Louisiana’s Cancer Alley (LINK) while having a powerhouse economy, we should be thankful to have the protections provided by CEQA.

With the revisions to the National Environmental Policy Act and CEQA already made or proposed, the public is being squeezed out of participating in public policy. We need to resist this rollback and support keeping CEQA strong to safeguard our environment and health. W.A.T.E.R. is a supporter of CEQA Works (LINK), and we encourage your support for them too.