California's infamous CEQA—the California Environmental Quality Act—has been around for more than 50 years. It's a product of the late '60s, when environmental concerns over big corporate construction projects first emerged as a major issue and Californians decided they wanted to do something to rein them in.
Today it's much hated by housing advocates because it's routinely used to conduct scorched-earth resistance to practically any new housing development if even a few people oppose it. CEQA doesn't care about majorities, after all. It only takes one person with (a) money and (b) sufficient zealotry to go to court and grind things to a halt for years. Hell, even the judge hearing the case might think it's nuts, but it doesn't matter. Every single motion, deposition, and EIR has to be judged on its merits. This drives a lot of people crazy, including Gov. Gavin Newsom. Law professor Chris Elmendorf explains:
As Newsom noted, CEQA has been “weaponized” by “wealthy homeowners” (among others) to block housing — often in the urban and suburban areas where people have the least environmental impact.
And housing isn’t all that’s on the line. To meet the state’s greenhouse-gas emission targets — and secure its share of federal green-energy funding — California needs to quickly approve wind and solar energy projects, electricity transmission lines, car-charging networks and mass transit. To that end, in May, the governor unveiled an 11-bill infrastructure package to “assert a different paradigm.” No longer would we “screw it up” with “paralysis and process.” Going forward, the state would commit itself to “results.”
In the end, though, nothing much happened. Why, Elmendorf wonders, do we put up with this? CEQA's problems are so well known that surely the legislature is willing to reform it? Or perhaps the governor should be willing to issue new, looser regulatory guidelines? What's the holdup?
Hardly anyone likes to mention this for some reason, but it turns out the answer is simple: CEQA has two big fans. The first, obviously, is environmental groups who want to maintain the law's full authority in order to preserve wetlands, desert habitat, shorelines, old-growth forests, native chaparral, and so forth.
CEQA's second big fan is the social justice community. One of the original motivations for the law came from Black and Hispanic leaders who were sick of having every type of appalling blight imaginable—toxic dumps, rail yards, highways, landfills, refineries, smelters, chemical runoffs, and more—rammed into their neighborhoods because no one had the power to stop them. For them, CEQA has been a godsend, a law that finally provides them with the same power to halt development that rich people have always had.
And there you have your paradox. Is CEQA terrible because it allows rich homeowners to effectively ban local development? Yes indeed. Is CEQA a boon because it provides genuine protections against rapacious exploitation in poor communities of color? Yes indeed.
Finally, then: can you somehow have one without the other? Probably not. And so CEQA lives on. The plain fact is that for many people, the good outweighs the bad. Not everyone wants to get rid of it.