I have recently read many complaints in local newspapers about “NIMBYs” using the California Environmental Quality Act to prevent the University of California from building housing on People’s Park. These complaints are just the latest in an ongoing attack on the California Environmental Quality Act.
Those who want less planning and regulation of development are fond of asserting that CEQA is “abused” by those who use it to prevent or modify destructive projects. They claim that CEQA was never intended to apply to private development, or that CEQA should only protect the natural environment, not urban neighborhoods. Both claims are refuted by the intent, language, and specifics of the law. (Read the broad legislative intent at www.sharonhudson.com/urbanrights.) California’s citizens who value quality of life should hold CEQA tight, because it is their only weapon against environmental degradation.
Some are surprised when courts actually enforce CEQA, much to the chagrin of developers pushing for rapid and unexamined urban densification. But courts do not (and should not) bend the law for those with “altruistic” goals, nor do courts have to answer to public demands for housing and sports stadiums. But politicians do respond to public opinion and so they have occasionally carved out exemptions to CEQA. Careful, limited exemptions for some small projects may be justified, but exemptions for large, potentially highly damaging projects are not.
Some outraged commentators also have a Polyanna-ish view of the University of California, which they view as a noble and benign entity, doing its darnedest on its shoestring budget, to educate deserving young Californians. Outsiders may believe this, but, as they say, “familiarity breeds contempt.” Most of UC’s near neighbors are sadly familiar with the brutal side of Cal. UC Berkeley has a history of broken promises, profit-maximizing, housing destruction, and freeloading off the resources of the City of Berkeley. And anyone who believes that universities are benevolent institutions primarily committed to education should read the 2005 book “University, Inc.” by Jennifer Washburn.
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