I am teaching a graduate class on environmental regulation. Had I taught it in any other state, I would know almost everything that I need to know to teach it. I don't - I live in the craziest environmental regulatory state in the union. CEQA is California's response to NEPA. Since I cannot see the future, or where I'll be in two years, I decided to pay ~$200 and go to a class on CEQA. It lasted all day. The campus was nice. I got to eat cafeteria food. I learned a lot. I can sum it up in a few short sentences:
CEQA is a statute that requires a significant gathering of information on any land-use related action that anyone undertakes in California. This information changes and you should be prepared for a lawsuit no matter what decision you choose. If no one cares about your project, you don't have to worry about doing a good job or your environmental impact report, but it you are Wal-Mart it better be a good report because you are going to be sued. Oh, and by the way, if you get your project approved, you better finish it before anything changes or else all of that work is in vain.
The law sucks, it turns federalism on its head, and it doesn't do what it was intended to do. It was designed to require that public entities make informed decisions about the environmental impacts of land use. It is now a tool to both protect and litigate against public and private entities for any number of issues including non-environmental issues. The governor or legislature can make exemptions for whatever project that they want. Scientifically uninformed judges end up deciding what should go and what shouldn't. AND the best part is that a local entity can exempt itself from the state law if the voters in the jurisdiction opt out.
The more I live in California, the more it makes no sense. The State Supreme Court has upheld the proposition system as a legitimate way to amend the constitution* even if voter turnout is near 10%. That means that is can take either 10% of regular voters or 67% of state legislators to change the constitution. Anyone see a problem here? Almost everyone knows that direct democracy creates problems, not solves them!
It is late. I am looking for jobs out of this stupid state. I think that it should secede from the union so that no other states think it is a good idea to mimic California's actions. Then California will be able to take its place as the 7th largest economy in the world as an independent country...
or run itself into oblivion... whichever comes first.
*Although this example demonstrates an issue with which I agree, the example is sufficiently controversial that it has encouraged average citzens to question the logic of the proposition system.
Subscribe to:
Post Comments (Atom)
2 comments:
What I hate most about CEQA is how, as it is written, it should be possible for a jurisdiction to approve a project whose EIR states there will be significant environmental impact. The law was only intended to make sure the jurisdiction made an informed decision. Now judges can overrule the jurisdictions. It's no longer about information, but about making the correct decision, though the law hasn't changed at all. It's just how judges have decided to enforce the law.
The whole prop system boggles my mind too, and was a significant reason why I turned down a job offer in CA before doing TFA. Who would take a public sector job knowing you're a few dumb props away from being paid in pretend money?
Post a Comment