A recent state Supreme Court ruling could curtail misuse of the California Environmental Quality Act by those who oppose development.
Storage containers surround the perimeter of People's Park in Berkeley, Calif. on Thursday, June 6, 2024. A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. Photo by Brontë Wittpenn, AP Photoa commentary forum aiming to broaden our understanding of the state and spotlight Californians directly impacted by policy or its absence.
Given its location next to a very busy freeway and the ramshackle condition of the existing structures, a new cluster of apartment high-rises close to downtown Sacramento would seem to be a perfect fit, which is what city staff concluded as they exempted the project from a detailed review under the, or at last delay, approval. The group has appealed the city staff’s findings and filed a lawsuit alleging the project would adversely affect wildlife habitat and create light and noise pollution.
The legislation in effect overturned the appellate court ruling, thus making it easy for the Supreme Court to greenlight the project.could have a much broader impact on the perennial debate over CEQA, according to Chris Elmendorf, a UC Davis law professor and expert on housing law.“Future generations may look back on today’s decision in the UC Berkeley ‘social noise is pollution?!’ case as the turning point between Old CEQA and New CEQA,” Elmendorf wrote.
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