Introduction from Elizabeth Patterson, April 29, 026
The California Chamber of Commerce has qualified an initiative on dismantling CEQA. Backed by Silicon Valley tech bros and lots of money, there is pressing need to inform voters. Below is the announcement of an informational zoom meeting. >EP
2026 CEQA Ballot Initiative Briefing
The Planning and Conservation League is hosting an informational zoom meeting about the CalChamber ballot initiative on Tuesday, May 5, at 5pm. The zoom registration link is here.
It is imperative that we spread the word about this CEQA-gutting measure and discuss ways our communities can combat it. People who will be presenting on the zoom include:
Aruna Prabhala, Center for Biological Diversity
Gabriel Tolson, Planning and Conservation League
Rachel Hooper, Legal advisor to PCL
Severn Williams, Public Good PR
As a reminder, the initiative applies to entire sprawl housing subdivisions in wildfire zones, toxic industrial projects like landfill gas facilities, large water infrastructure like dams and desalination plants, and all new freeway projects. For these projects, it eviscerates CEQA’s longstanding rules governing environmental review and radically curtails courts’ authority to issue injunctions and other appropriate remedies. The measure is heavily funded by corporate interests and billionaires – the proponents have already raised over $14 million, and have budgeted an additional $50-100 million to pass the measure.
Finally, we greatly appreciate everyone’s cooperation in signing the joint letter to the Legislature about the initiative. We will circulate the final letter to all signatories after it is submitted.
Clicking this image will redirect you to CARB’s information page about these events.
Desplázate hacia abajo para leer en español / Scroll down to read in Spanish
By Kathy Kerridge, August 15, 2024
Dear Friends and Allies,
Most of the people on this email know me either through my work with Benicia Community Air Monitoring Program (BCAMP), 350 BAA or another environmental group I’m active in. I’m working this summer with CARB to help get community input on research that could benefit Environmental Justice Communities. Please excuse me if you get this email more than once.
I’m inviting you to a public meeting on Monday, Sept 23, at 6pmin Richmond. The meeting is designed to work with residents, Tribes, Community Based Organizations, academics, and others to incorporate environmental justice into research done by the California Air Resources Board (CARB) on air quality, climate change, health, and sustainable communities.
CARB’s research informs regulations, programs, and incentives that affect people in your neighborhood or region. Outcomes from these meetings will inform CARB’s 5-Year Strategic Research Plan and help guide potential research projects for the 2025-2030 time period. Some of the research that CARB has done over the last few years has been eye opening for me, especially when it comes to health impacts from air pollution.
In order to make it easy for working people to attend this meeting BCAMP will provide dinner, childcare, rides back to BART after the meeting and a raffle for $25 debit cards for those who participate all the way through.
I hope that you or someone from your organization can join us on Sept. 23. Please forward this to members of your organization if that is appropriate. If you cannot make the in-person meeting, we hope you will consider attending a virtual session on 8/31/24 from 5:30-7:00pm. Register here.
Please feel free to share this invitation with others you think would be interested. I’ve listed all of the meetings here with the Richmond, East Palo Alto and Zoom meetings on the top.
Kathy Kerridge
Benicia Community Air Monitoring Program
Roundtables
Date: September 23, 2024 City: Richmond
Time: 6:00pm-8:00pm
(meeting starts 6:30pm, dinner at 6)
Location: Richmond Memorial Auditorium
403 Civic Center Plaza
Richmond CA
Registration: https://tinyurl.com/CARBBCAMP
Co-Hosted with: Benicia Community Air Monitoring Program
Date: September 18, 2024 City: East Palo Alto
Time: 6:00pm-7:30pm
Location: YMCA
550 Bell St
East Palo Alto, CA
Registration: https://tinyurl.com/CARBClimateRC
Co-Hosted with: Climate Resilient
Date: August 29, 2024 Location: Online
Time: 5:30pm-7:00pm
Registration: register here
Date: August 27, 2024 City: Santa Ana
Time: 5:30pm-7:00pm
Location: Delhi Center
505 East Central Avenue
Santa Ana, CA
Registration: https://tinyurl.com/CARBOCEJ
Co-Hosted with: Orange County Environmental Justice
Date: September 11, 2024 City: Los Angeles
Time: 6:00pm-7:30pm
Location: Pico Union Project
1153 Valencia Street
Los Angeles, CA 90015
Registration: https://tinyurl.com/CARBBreatheSC
Co-Hosted with: Breathe Southern California
Date: September 12, 2024 City: Lamont
Time: 5:30pm-7:30pm
(meeting starts 6:00pm)
Location: David Head Community Building
10300 San Diego St
Lamont, CA
Registration: https://tinyurl.com/CARBCCAC
Co-Hosted with: Central California Asthma Collaborative Communities
Date: August 26, 2024 City: Niland
Time: 6:00pm-7:30pm
Location: Bombay Beach Community Center
9590 Avenue C
Niland, CA 92257
Registration: https://tinyurl.com/CARBUFJ
Co-Hosted with: United for Justice
Al hacer clic en esta imagen será redirigido a la página de información de CARB sobre estos eventos.
Asunto: Reunión con el Consejo de Recursos del Aire de California para incorporar la justicia ambiental en las futuras prioridades de investigación
By Kathy Kerridge, August 15, 2024
Estimado Nombre,
Mi nombre es Kathy Kerridge y trabajo con Benicia Community Air Monitoring Program. Le envío este correo electrónico para invitarle a una reunión pública el 23 de septiembre de 2024.
La reunión está diseñada para trabajar con residentes, tribus, organizaciones comunitarias, académicos y otros para incorporar la justicia ambiental en la investigación del Consejo de Recursos del Aire de California (CARB, por sus siglas en inglés) relacionada con la calidad del aire, el cambio climático, la salud y las comunidades sostenibles.
La investigación de CARB informa las regulaciones, los programas y los incentivos que afectan a las personas en su vecindario o región. Los resultados de estas reuniones informarán el Plan Estratégico de Investigación de 5 años de CARB y ayudarán a guiar posibles proyectos de investigación para el período 2025-2030.
Para facilitar que los trabajadores asistan a esta reunión, BCAMP proporcionará cena, cuidado de niños, transporte de regreso a BART después de la reunión y una rifa de tarjetas de débito de $25 para aquellos que participen hasta el final.
Espero que usted o alguien de Organization pueda atendar a la reunión el 23 de septiembre de 2024 en Richmond. Si no puede asistir a la reunión en persona, esperamos que considere asistir a una sesión virtual en 29 de agosto de 2024.
También son bienvenidos los comentarios por escrito enviándolos por correo electrónico a research@arb.ca.gov.
Por favor, siéntase libre de compartir esta invitación con otras personas que crea que podrían estar interesadas. Adjunto encontrará volantes en inglés y español.
Gracias por considerar esta invitación.
Kathy Kerridge
Benicia Community Air Monitoring Program
Mesas Redondas Públicas
Fecha: 23 de septiembre de 2024 Ciudad: Richmond
Hora: 6:00pm-8:00pm
(La reunión comienza a las 6:30 p.m.)
Ubicación: Richmond Memorial Auditorium
403 Civic Center Plaza
Richmond CA
Registración: https://tinyurl.com/CARBBCAMP
Co-Organizado con: Benicia Community Air Monitoring Program
Fecha: 18 de septiembre de 2024 Ciudad: East Palo Alto
Hora: 6:00pm-7:30pm
Ubicación: YMCA
550 Bell St
East Palo Alto, CA
Registración: https://tinyurl.com/CARBClimateRC
Co-Organizado con: Climate Resilient Communities Mesas redondas
Fecha: 26 de agosto de 2024 Ciudad: Niland
Hora: 6:00pm-7:30pm
Ubicación: Bombay Beach Community Center
9590 Avenue C
Niland, CA 92257
Registración: https://tinyurl.com/CARBUFJ
Co-Organizado con: United for Justice
Fecha: 27 de agosto de 2024 Ciudad: Santa Ana
Hora: 5:30pm-7:00pm
Ubicación: Delhi Center
505 East Central Avenue
Santa Ana, CA
Registración: https://tinyurl.com/CARBOCEJ
Co-Organizado con: Orange County Environmental Justice
Fecha: 29 de agosto de 2024 Reunión Virtual
Hora: 5:30pm-7:00pm
Registración:registracion
Fecha: 11 de septiembre de 2024 Ciudad: Los Angeles
Hora: 6:00pm-7:30pm
Ubicación: Pico Union Project
1153 Valencia Street
Los Angeles, CA 90015
Registración: https://tinyurl.com/CARBBreatheSC
Co-Organizado con: Breathe Southern California
Fecha: 12 de septiembre de 2024 Ciudad: Lamont
Hora: 5:30pm-7:30pm
(La reunión comienza a las 6:00pm)
Ubicación: David Head Community Building
10300 San Diego St
Lamont, CA
Registración: https://tinyurl.com/CARBCCAC
Co-Organizado con: Central California Asthma Collaborative
Introduction from Elizabeth Patterson, July 30, 2024
CEQA is the strongest planning tool we have. Before CEQA we had hydraulic gold mining ruining hills and raising Sacramento River by 15 feet – due to washed out sediment – making navigation difficult.
Before CEQA, and after gold, we had timber harvesting cutting down the world’s oldest and tallest trees.
Before CEQA we had water development, which led to crashing salmon species and extirpation of many native fish, and subsidence of 30+ feet that we the taxpayer are paying for – the repairs caused by private industrial farms over-pumping groundwater.
CEQA helped us focus on consequences of land development, thus protecting CA coast for all Californians not just wealthy property owners. CEQA helped us correct some water diversions thus recovering streams for fish.
CEQA helped identify cumulative effects of multiple projects.
CEQA provides consistent checklist to consider impacts and change design to avoid significant impacts.
CEQA can be used for selfish reasons, but MOST projects are approved, while few are challenged.
The development machine is the last extractive activity focused on wrecking land for ill-advised development. CEQA constrains bad projects. It’s not perfect, but it’s the best tool we have. Without it we will do to the land what we have done for gold, timber, and water. Mining California is profitable for a few, but leaves a wounded state for the rest of us. We pay the price for ignoring impacts.
For the life of me, I can’t understand how people making decisions think that build-build-build anywhere solves problems perpetrated by major land investors flipping it for a buck.
Addressing the wage gap is a good first step. Addressing capital gains tax to help fund affordable housing is a good step. Preventing corporate land speculation works. All of these actions actually address the root cause of affordable housing.
But no, the dismantling of the best planning tool in California is being proposed.
How sad. Half a century of clear-eyed assessment is in the way of bulldozing our way to ruin.
Little Hoover Commission’s Recommendations Undermine Fundamental CEQA Protections
Image by BenIndy, not original to the post.
Daily Journal, by Jennifer Ganata and Douglas Carstens, June 10, 2024
The Little Hoover Commission’s recent report, CEQA: Targeted Reforms for California’s Core Environmental Law, proposes to amend the California Environmental Quality Act (CEQA) in six areas and recommends “in-depth studies” of several others. While Commission Chair Pedro Nava notes that California has “incalculably benefited from CEQA,” the report’s specific proposals would make fundamental changes to the law, dangerously undermining CEQA’s protections for communities and the environment.
The Little Hoover Commission is supposed to be a fact-finding body. Its charge is to perform the difficult task of collecting facts—hard evidence, verifiable data—to identify specific problems to be solved through legislative action. Here, the Commission failed to perform that function: not only are the report’s proposals to weaken CEQA unsupported by credible evidence, but in some cases, the report’s own facts and analysis contradict its recommendations.
The report characterizes its “reforms” as “targeted and limited,” measures that would “improve the functioning of CEQA … without sacrificing necessary environmental protections.” The public should not be fooled. The proposed amendments would dismantle key elements of CEQA, weakening environmental review requirements and threatening communities’ ability to enforce the law in court. Further, the report recommends these changes even while acknowledging “[o]ften CEQA’s protections have been most profound in the most disadvantaged in vulnerable communities, where negative environmental impacts have often been the greatest in the past.” Why would the Legislature choose to weaken CEQA when the state’s vulnerable residents most need its protections?
Five “reforms” exemplify the Commission’s determination to roll back longstanding CEQA protections.
First, the report proposes a new limitation on plaintiffs’ “standing” in CEQA cases, a restriction that does not apply to any other public interest litigation in the state. If adopted, this proposal would have a chilling effect on meritorious CEQA claims, closing the courthouse doors to many community members seeking to enforce law. Tellingly, the report includes no specific analysis or findings to explain the need for this drastic change.
Second, the report recommends an extreme proposal to restrict the public’s right to comment on environmental documents; the restriction would apply to any project, no matter how destructive. This proposal would undercut CEQA’s longstanding guarantee of public participation in the land use process—a hallmark of the law. Frontline communities already overburdened by pollution should not be prevented from speaking out against harmful developments. Their comments on environmental documents do not stop projects, but improve them.
Third, the report proposes a new, “simplified” exemption for all housing on sites that are at least three quarters surrounded by existing urban uses, “with no conditions or qualifications.”If adopted, this change would represent a radical departure from the Legislature’s previous approach to CEQA exemptions. Unlike previous legislation, this exemption would include no requirements to protect natural and cultural resources and no condition that some housing units be affordable. Nor would the exemption include any restrictions on the location or size of the project or any other safeguard against urban sprawl. Indeed, the “simplified” measure would be broader than any housing exemption ever enacted by the Legislature.
Remarkably, the report does not attempt to explain the need for this extreme measure. Instead, it concedes the Legislature has already adopted broad new exemptions for housing in 2023, and opines that“the state should wait to measure the success of recent reforms before embarking on major additional changes.” The Legislature should follow this advice, taking the time to assess how existing exemptions are working—and their possible pitfalls—before adopting new ones. They should also focus on the real impediments to housing production, such as high land and construction costs, high interest rates, market timing by developers, and lack of subsidies for affordable housing. Additional proposals to exempt housing from CEQA review will not solve the housing crisis because—as multiple experts have found—CEQA didn’t cause the crisis in the first place.
Fourth, the report recommends that the Legislature study a proposal requiring plaintiffs to post bonds when filing CEQA challenges to certain types of development projects. This extreme proposal would effectively do away with CEQA enforcement for such projects, as non-profit organizations, who already bear a heavy financial burden in bringing CEQA actions, could not afford the risk of paying the bond if they lose. Citizen suits are the primary driver behind CEQA enforcement, with the Attorney General bringing enforcement actions only rarely. Thus, where bond requirements are imposed, CEQA could be violated with impunity.
Fifth, the report recommends that the Legislature study a proposal that would permit lead agencies to “lock in” analytical models for “some reasonable period” regardless of any new scientific information that might emerge. This proposal is misguided. Allowing agencies to approve development projects based on obsolete science or discredited data undermines effective decision-making and threatens California’s environment. Again, the report provides no justification for this dangerous proposal. In particular, it does not document its claim that agencies must “throw out” analyses when new modeling options become available.
These proposals, long sought by the building industry, are not targeted “reforms,” but major alterations to CEQA’s essential components. If they are implemented, Californians will lose the vital protections that CEQA has provided for half a century. Projects that threaten public health and/or natural resources could go forward without transparency and mitigation—exactly the problem CEQA was designed to address. Environmental justice organizations and other vulnerable California residents would suffer the most. Because the report never makes a case for such a drastic transformation, the Legislature should view it with great skepticism.
Jennifer Ganata isCommunities for a Better Environment’s (CBE) Legal Department Co-Director. CBE is one of the preeminent environmental justice organizations in the nation. Prior to becoming Legal Department Co-Director in 2024, Jennifer was CBE’s senior staff attorney since 2018.
Douglas P. Carstens is board president of the Planning and Conservation League and managing partner of Carstens Black & Minteer LLP. His law firm specializes in environmental, land use, municipal and natural resources law.
This article originally Appeared in the Daily Journal on June 10th, 2024.
Seeno’s attorneys request new trial following Save Mount Diablo legal victory against Faria project in Pittsburg hills
The Pittsburg hills where the Faria project has been approved for construction, as seen from the San Marco neighborhood in Pittsburg. Photo: Scott Hein
607-acre, 1,650-home development next to planned Thurgood Marshall Regional Park – SMD leader says motion for new trial “should be denied”
Last Friday, Feb. 25, 2022, attorneys representing Discovery Builders and their Faria new home development requested a new trial for the lawsuit by Save Mount Diablo, following a judge’s decision in favor of the environmental group to stop the project. As previously reported, on March 30, 2021, Save Mount Diablo filed a lawsuit challenging the City of Pittsburg’s approval of the 1,650-unit Faria project, on the ridgeline between Pittsburg and Concord. According to the agenda item documents, the master plan overlay district encompasses approximately 607 acres of land. (See related article)
The motion for a new trial was filed “on the basis that the Court’s decision is not supported by the evidence and controlling legal authorities. Specifically…that there were several portions of this Court’s February 10, 2022, Statement of Decision that may not have fully considered evidence in the administrative record.” In addition, the motion asks that the “Court vacate its Statement of Decision and enter a new decision denying SMD’s motion” and “conduct a new hearing”. Faria project Motion for New TrialParsons Dec. ISO Mot for New TrialRaskin Dec. ISO Mot for New TrialFaria project new trial Proof of Service
A hearing date on the motion for a new trial has been set for April 14, 2022.
The now named Thurgood Marshall Regional Park is directly adjacent to the Pittsburg City Council approved Faria project. Herald file graphic. Credit: Save Mount Diablo/Google Earth.
Save Mount Diablo Says Motion for New Trial “Should Be Denied”
Asked about the motion for a new trial, Save Mount Diablo Executive Director, Ted Clement responded, “Regarding the Seeno companies/Pittsburg request for a new trial, the Court has already rejected their arguments for reasons fully set forth in its decision. Their Motion for New Trial does not question the adequacy of the administrative record on which the Court properly based its decision (and which the City itself prepared) or suggest there was any other irregularity or unfairness in the hearing. Instead, they seek a second bite of the apple.”
“Their Motion reargues issues that were fully briefed and addressed in the Court’s Decision,” he continued. “They also seek to introduce irrelevant and improper extra-record evidence, violating black letter law that CEQA actions must be decided on the record that was before the agency when it made its decision.”
“Because their Motion provides no basis for this Court to order a new trial solely on the issues decided adverse to them, it should be denied,” Clement concluded.
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