Tom Gogola, THE NORTH BAY BOHEMIAN
The landmark California Environmental Quality Act of 1970 was intended as a shield against construction projects that imperiled the environment. But in a case of unintended consequences, critics charge that the powerful law has been wielded as a sword by labor groups, environmentalists and neighborhood groups to defeat proposed housing developments. The result, they argue, is that a well-intentioned law has driven up the cost and lowered the supply of affordable housing in the North Bay and California at large.
In a way, this is a tale of two competing points-of-view about CEQA. In one corner, CEQA critics decry the law as a leading impediment to building transit-oriented and infill housing in the state—and especially in urban regions such as Los Angeles and the greater North Bay. That’s the gist of a recent legal study by the San Francisco law firm Holland & Knight. The analysis was published in the Hastings Environmental Law Journal.
In the other corner are supporters of CEQA who say those claims are overstated, and perhaps wildly so, and that the real driver behind the region’s struggles to deal with its affordable housing crisis, or any housing for that matter, are the local agencies (zoning boards, planning commissions) that also must sign off on any proposed development.
That’s an argument advanced in another recent report published by UC Berkeley School of Law, called “Getting It Right,” which serves as a handy counterpoint to the Holland & Knight report.
This is more than an academic debate. The discussion comes at a key moment in the North Bay, which is still reeling from last year’s devastating wildfires that destroyed more than 5,000 homes in the region, making an acute housing crisis even worse.