New California Prop Addresses Long Environmental Review Process

West Coast Land Use and Environment attorney Jennifer Hernandez was quoted in a GlobeSt. article about Proposition 45 and what passage of the ballot measure could mean for affordable housing development in California. Jennifer recently published a comprehensive study of California Environmental Quality Act (CEQA) appeals that revealed housing projects were the most frequently targeted category, accounting for a little more than a quarter of cases analyzed. The study also found challenged projects largely consisted of infill developments located within established communities, indicating litigation focused on urbanized areas where state policy encourages growth – miring needed housing development in lawsuit-induced delays. She told GlobeSt. these results demonstrate CEQA remains a major obstacle for housing projects because Not in My Backyard (NIMBY) advocates can sue for a variety of reasons, even down to whether a project qualifies for a CEQA exemption. Proposition 45, she argues, solves that problem by creating new standards for judicial review of project challenges and introducing shot clocks to speed up the environmental review process. Importantly, however, she added existing environmental protections will remain, maintaining a balance between advancing housing development and complying with environmental obligations.

"Voters have made clear that California needs to be affordable, especially on housing and other essential projects, and that they are frustrated by continuous delays and high costs," she contended. "Voters in multiple rounds of polling identified essential projects and embraced both time limits and clear standards for completing CEQA – that's all that Prop 45 does."

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