In a year when few environmental bills made it out of the Legislature, conservationists couldn’t be blamed for marking as one of their most satisfying achievements the deflection of a hasty, last-minute rewrite of the landmark California Environmental Quality Act (CEQA).

The 42-year-old legislation mandates the ubiquitous environmental impact reports that require project developers to identify problems and mitigate them ahead of time. CEQA makes environmental protection part of every government decision at the state and local level by mandating a process of analysis, mitigation and transparency.

Even its biggest fans acknowledge that the act is a bit creaky and due for some adjustments. But they wouldn’t go nearly as far as critics who say CEQA is a costly, bureaucratic, jobs killer that is used to harass business while impeding worthwhile developments and advancing a political agenda.

Opponents of the legislation feared a major rewrite of CEQA in the Legislature’s final days, done behind closed doors and without public input. But they also fear that lawmakers and the courts will peck the act to death with adverse rulings, incremental legislative changes and project exemptions.   

On its way out the door last week, the Legislature passed two bills granting CEQA exemptions for two projects. Assembly Bill 1486 would smooth the way for construction of an $80 million voice and data system for first responders in the Los Angeles area. The bill began life as a budget placeholder, but was reborn in a gut-and-amend process one week before the Legislature adjourned.

There was no time for public input on the bill, which will allow exemptions from CEQA for certain project elements of design, site acquisition, construction, operation and maintenance. 

A second piece of legislation, Assembly Bill 2245, was less controversial on its merits. It grants an exemption to the Los Angeles County Metropolitan Transportation Authority for the addition of 832 miles of bike lanes.

While those two exemptions headed for Governor Jerry Brown’s desk, the Play Fair at Farmers Field coalition of environmental groups filed a lawsuit to block legislation passed last year that lets the Anschutz Entertainment Group (AEG) bypass CEQA while it builds a $1 billion football stadium in downtown Los Angeles.

Play Fair claims Senate Bill 292 violates the state constitution by permitting Anschutz to avoid initial review by the Los Angeles County Superior Court and advance directly to the state Court of Appeal if a challenge is raised. The coalition argues that the constitution gives the lower courts original jurisdiction and prohibits targeted special legislation where a more general law is applicable.

The lawsuit warned of likely adverse effects from bypassing CEQA that will “include increased traffic congestion, respiratory ailments, and housing displacement.”

–Ken Broder     

To Learn More:

One of Three Curbs on Environmental Review Goes to Gov. Jerry Brown (by Patrick McGreevy, Los Angeles Times)

Legislature Approves CEQA Exemptions for Massive LA Project

Groups Challenge New LA Stadium (by Rebekah Kearn, Courthouse News Service)

State Sued Over “Farmers Field” Law (by Deborah Crowe, Los Angeles Business Journal)

2011 Scorecard: Year in Review (California League of Conservation Voters)

Lawmakers Decide Not to Rewrite Landmark Environmental Law in a Week without Public Input (by Ken Broder, AllGov)