Supreme Court Could Weaken California Environmental Law Used in Local Housing Conflicts

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A plot of land where Interstate 5 crosses the American River in Sacramento was once occupied by the Rusty Duck and Hungry Hunter restaurants, but they’ve closed and their buildings have long been vacant.

Recently a developer acquired the property, proposed putting four new high-rise buildings with 826 apartments on it and won city staff approval.

Given its location next to a very busy freeway and the ramshackle condition of the existing structures, a new cluster of apartment high-rises close to downtown Sacramento would seem to be a perfect fit, which is what city staff concluded as it exempted the project from a detailed review under the California Environmental Quality Act.

However, the American River Association wants to block, or at last delay, approval. The group has appealed the city staff’s findings and filed a lawsuit alleging the project would adversely affect wildlife habitat and create light and noise pollution.

It’s a classic example how CEQA, which then-Gov. Ronald Reagan signed five decades ago, is often employed to hold up projects that would appear to have little or no real impact on the environment.