CEQA Reform is Over for This California Legislative Session: Sustainable Environmental Protection Act May Return in 2013

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CEQA reform is over for this legislative session.

Some union officials, environmental lobbyists, and lawyers specializing in exploiting the California Environmental Quality Act (CEQA) are celebrating with emailed bulletins and tweets. (See the August 23, 2012 “Sierra Club California Statement on Abandonment of Environmentally Dangerous Bill.”) One particularly happy Tweeting union leader is Lorena Gonzalez, head of the San Diego County Central Labor Council, AFL-CIO.

That’s no surprise if you read my August 8 post,”Unions Submit 436 Pages of Objections to Draft Environmental Impact Report for Proposed San Diego Convention Center Phase III Expansion Project: CEQA Abuse Run Rampant.”

UNITE HERE Local 30 (based in San Diego) and the San Diego County Building and Construction Trades Council have filed a massive CEQA objection with the United Port of San Diego concerning the Draft Environmental Impact Report (EIR) for the proposed San Diego Convention Center Phase III Expansion Project and the adjacent Hilton San Diego Bayfront Hotel expansion.

Here are some recent Tweets from Lorena Gonzalez ‏@LorenaSGonzalez:

And the Rubio #CEQA reform bill is officially dead! Yay!

URGENT: Don’t let them gut California Environmental Quality Act. Sign NOW: http://SaveCEQA.com  #CEQA #SaveCEQA

I support #CEQA. Gutting 40 years of progress will hurt the environment, workers and the public! These aren’t reforms, they go too far.

So happy to see most of our SD Democratic Legislators asking their colleagues to keep their hands off CEQA #SaveCEQA

Meanwhile, I posted this in the comment section of the Sacramento Bee article, “Bid to Overhaul California Environmental Law Falls Short“:

The Sierra Club representative called the bill “one of the worst attacks on environmental protections that we’ve seen in the 40-year life of this law.” They actually mean, “one of the worst attacks on our political agenda from Democrats, whom we thought would never betray us by supporting economic growth and job creation.”

Actually, it’s questionable whether or not this “Sustainable Environmental Protection Act” of 2012 would have been all that effective in hindering the professional CEQA operators – the people who use CEQA for economic or financial objectives. It was certainly tame and weak compared to Assembly Bill 598, for which the Sierra Club lobbyist took great offense during a January 9, 2012 hearing of the Assembly Natural Resources Committee. If that bill had become law, it would have shut down the CEQA extortion industry by limiting the authority to file lawsuits under CEQA to the California Attorney General.

The Sierra Club and the Natural Resources Defense Council can continue to enjoy their “Blue-Green Alliance” of convenience with labor unions and turn a blind eye to how CEQA is exploited for purposes other than environmental protection, such as coercing Project Labor Agreements, Neutrality Agreements, etc.

They’ve been coasting for 40 years on the Friends of Mammoth v. Board of Supervisors of Mono County decision of the California Supreme Court in 1972, which stunned many by applying CEQA to private projects and activities. One day soon the political pendulum will swing to the Right in this state (probably after the state tries to file for bankruptcy), and then AB 598 will become law.

In the meantime, enjoy the CEQA paperwork! For example, here’s what the Fresno County Planning and Land Use Division has been dealing with as unions object to proposed solar energy power plants:

The Fresno County Planning and Land Use Division responds on August 7, 2012 to a request for records concerning submissions of the law firm of Adams Broadwell Joseph & Cardozo on behalf of California Unions for Reliable Energy (CURE) concerning proposed solar energy generation projects.

2 comments

  1. […] Senator Michael Rubio (D-Bakersfield) was the California state legislator who was poised to introduce the gut-and-amend Sustainable Environmental Protection Act to amend the California Environmental Quality Act (CEQA) in the waning days of the 2012 legislative session. (See my articles A First Crack at Analyzing the Proposed CEQA Reform: “The Sustainable Environmental Protection Act” of 2012 and CEQA Reform is Over for This California Legislative Session: Sustainable Environmental Protection Ac….) […]

  2. […] at Analyzing the Proposed CEQA Reform: “The Sustainable Environmental Protection Act” of 2012, CEQA Reform is Over for This California Legislative Session: Sustainable Environmental Protection Ac…, and Looks Like CEQA Reform Talks Are Underway…Good Luck […]