Category Archives: Environmental review

Elizabeth Patterson on CEQA, etc… ‘Look Before You Leap’

Look before you leap

By Elizabeth Patterson, first appearing in The Benicia Herald, September 13, 2026

Elizabeth Patterson, Benicia Mayor 2007 – 2020

“Look before you leap” describes the reason for California Environmental Quality Act (CEQA).  Before a project is built it is wise and thoughtful to determine impacts to air and water quality, wildlife habitats including terrestrial and aquatic species.  And for many what are the impacts from traffic, water supply, noise – a public health issue often ignored by decision makers.

California Forever pounded the hallways of California legislature in August to get Solano County Senator and Assembly member to sponsor CF’s proposed bill aided and abetted by the Governor’s Go Biz office.  The proposed bill would use  2008 Environmental Impact Report (EIR) for the County General Plan.  Why wait until August to introduce this so-called trailer bill?  The answer is to avoid public review through the appropriate legislative committees and to use the power of the Governor’s office to wield their billionaire influence.  Sound familiar?

Senator Cabaldon noted that the 2008 General Plan EIR spelled out clearly that any “water related industrial project” would require a full CEQA assessment for potential impacts.  This is why the Senator among other concerns never endorsed the proposed legislation.

Assembly Member Wilson would not support the legislation without the Solano County Board of Supervisors signing on.  They didn’t.  And they didn’t because of multiple reasons including the last-minute California Forever steamrolling approach.  “I am not afraid of the Governor” said Supervisor Mitch Mashburn.  Board Chair Brown said “just say no”.

Mashburn’s motion to consider Solano County Maritime and Manufacturing  Act (Solano County Maritime) was “no” this year but next year consider Benicia’s deep water port and revitalizing Mare Island and its dry docks.  Will the billionaires do that?

Investing in existing communities such as Benicia and Vallejo means fewer new roads, water pipes, electrical power systems and so on versus the proposed shipbuilding near Collinsville.  It means investing private and public resources efficiently and effectively.  The ill-conceived Solano County Maritime “shipbuilding” project would take massive amounts of new roads, miles of new water supply pipes, and miles of new electrical power lines.  As a note, unless the Investor Owned Utilities and Public Utilities Commission change the rules, these new transmission lines will be part of your electricity energy bill.  That is how new development pays for utilities.  It is not just the developer or project.  The costs are spread around to all of us.

Roads.  The Solano Transportation Authority plans projects decades in advance because it must line up resources to pay for the improvements.  STA has a list.  It has projected funding sources.  What California Forever proposes with the shipbuilding project would require limited funds to be redirected and the approved projects list delayed by a decade or so.  Read STA’s comments on the notice of preparation for the EIR for the Suisun City Expansion project.  Legislative rumors have it that CF suggested diverting available funding from SR 37 to apply to SR 12.  It is hard to believe such rumors.

Investing in existing communities means where people live and work.  And it means avoiding significant impacts to tidal marshlands of the Sacramento River in the Delta.  Some of those impacts include harm from dredging especially if the existing ship channel is dug deeper.  The Army Corps of Engineers through numerous studies  identify that dredging the channel deeper could result in the channel walls collapsing because the sediment from hydraulic mining is weak.  Furthermore, the ACOE identified that a deeper channel would enable more salt water into the Delta where farmers pump to irrigate their crops.

The Bay-Delta is the heart of California’s water system. It supports some of the state’s most iconic and threatened fish and wildlife, sustains tribes and other local communities, and provides water for nearly 30 million Californians and 4 million acres of farmland. These benefits are essential to the economy and environment.

It would be helpful to understand all of this which is what a full CEQA review would provide.

Some have said that the proposed legislation to by-pass CEQA and local government adopted policies would still allow County discretionary decision making.  Nope.  Read the draft legislation to note that after the project is designed, the county would issue permits – permits which are ministerial – meaning adhering to adopted standards.  There would be no mitigation measures because there would be no identified impact because there is no CEQA.

Furthermore, all the important decisions of project design are made by the developer and the proposed development agreement is meaningless because there is nothing to negotiate.  And even with a development agreement, things happen such as bankruptcy leaving government holding the empty promises.

Imbedded in the failed CF legislation was a device to solve issues between agencies.  For instance, if STA disagreed with CalTrans, there was a proposed “master” who would decide.  This proposed master would be appointed by Land Use and Climate Innovation whose members are appointed by the Governor.  Want to guess how that decision would go?

It is true that there are many governmental agencies with decision making : air quality districts, water quality and water supply agencies, federal, state, regional and local transportation agencies, PUC, fish and wildlife, Delta Protection Commission, Delta Stewardship Council, NOAA, and Department of Defense – it is a long list.  Because things are complicated, expertise, knowledge and oversight are needed to secure public health, safety and welfare and the Public Trust Doctrine.

It is said that CEQA and the complications of getting approval are ruinous for California.  Really?  CEQA has been law since 1970.  More than 50 years.  And California is the 4th largest economy in the world.  Something must be working.  I suggest it is the “looking before you leap” that has had a net positive benefit.  Other benefits are cleaner air, better water quality, many habits protected, better transportation planning and less reliance on fossil fuels.

Right here in the river City of Benicia are opportunities for ship repair and maritime activities, expanding  tourism and visitors as a perfect place to explore the Delta National Heritage Area of which we are a part.  Invest in Benicia. Reduce our carbon footprint. Restore our fisheries.  And do it with the public.  Perhaps the billionaires will reflect on their attempts to get favorable treatment and remember Winston Churchill’s “Democracy is the worst form of government, except for all the other forms that have been tried”.  The billionaires “cram it down our throats” approach didn’t work.  Try public participation and democratic principles.

Elizabeth Patterson, Mayor 2007-2020
State staff environmental scientist, retired


Previously here on this subject:

Walking Back CEQA Protections Will Leave Californians Paying the Price for Ignoring Impacts, by Elizabeth Patterson, July 30, 2024

2026 CEQA Ballot Initiative Briefing

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:

  1. Aruna Prabhala, Center for Biological Diversity
  2. Gabriel Tolson, Planning and Conservation League
  3. Rachel Hooper, Legal advisor to PCL
  4. 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.

Best regards,
Gabriel


BenIndy Editor: For background on CEQA, see Elizabeth Patterson’s “Walking Back CEQA Protections Will Leave Californians Paying the Price for Ignoring Impacts”

Walking Back CEQA Protections Will Leave Californians Paying the Price for Ignoring Impacts

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 is Communities 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 attorneys request new trial – Save Mount Diablo says motion “Should be denied”

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”

Contra Costa Herald, by Allen D. Payton, March 3, 2022

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 Trial Parsons Dec. ISO Mot for New Trial      Raskin Dec. ISO Mot for New Trial    Faria 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.

On the day of the decision, Save Mount Diablo issued the following press release about their legal victory: [Previously published here on BenIndy, see Save Mount Diablo Wins Major Legal Victory Against Seeno to Protect Pittsburg’s Hills.]

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.