The ability of citizens to challenge EIRs is threatened by new initiatives drive. I’m not sure if you’ve heard about this, but it should be on your radar.
Four anti-CEQA initiatives have been submitted to the Attorney General’s office and one or more of them will soon be circulating for signatures.
The proponent is an Orange County developer and he appears to be trying to keep his options open by submitting four separate measures for a ballot title and summary.
DANGER: All the measures would prohibit anyone but the Attorney General from challenging an EIR. Some go further and prohibit even the AG from challenging the adequacy of climate change analysis in EIRs. And two of the versions purport to apply retroactively. We’ve attached copies.
They are titled: “California Jobs and Housing Act (Version 1, 2, 3, 4)” Submitted for Title and Summary on February 03, 2010.
In part the initiatives read:
…”Giving the Attorney General of California the exclusive right to challenge certified EIRs will put an end to hundreds of frivolous lawsuits, which stall job creation and drive up housing prices for California families.” …”Notwithstanding any provision of this division to the contrary, no individual or entity, including without limitation any person as that tenn is defined in Section 21066, other than the Attorney General may commence and maintain any such action or proceeding authorized by this subdivision (c).”
We are hearing that it is important for environmental groups to get involved immediately. Groups can get involved in at least two ways:
You can request a meeting with the Legislative Analyst’s Office, which will review the initiatives for potential fiscal impact. You can also contact the Government Section of the AG’s office, which prepares the initiative’s title & summary. We are told these agencies do want public input.
–California Legislative Analyist
925 L Street, Suite 1000
Sacramento, CA 95814
— Initiative Coordinator, California Office of the Attorney
P.O. Box 944255 Sacramento, CA 94244-2550 (916) 445-4752
— Attorney General’s Office California Department of Justice
Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA
In the meantime, we will be reviewing the measures to assess
legal vulnerabilities. Stay tuned.
—- from Friends of the Eel River.