In the Name of the Environment: Litigation Abuse Under CEQA

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The act of simply filing a CEQA lawsuit can kill the most environmentally benign small project, while the destinies of big projects are controlled by the financial appetite of combatants willing to continue writing checks totaling millions of dollars to the legions of by-the-hour consultants and attorneys in the “CEQA industry.”

CEQA lawsuits can delay, but typically do not derail, really “big” projects with ample financial resources. On the other hand, CEQA lawsuits can stop “small” projects supported by poorly funded agencies (e.g., parks and schools), non-profits (e.g., workforce training and affordable housing), small businesses (e.g., restaurant and auto repair shops) and individuals (e.g., owners of small businesses and single-family homes). The act of simply filing a CEQA lawsuit can kill the most environmentally benign small project, while the destinies of big projects are controlled by the financial appetite

of combatants willing to continue writing checks totaling millions of dollars to the legions of by-the-hour consultants and attorneys in the “CEQA industry.” • Environmental Impact Reports (EIRs) are the most elaborate and costly CEQA compliance track, and are required for projects that may cause one or more significant adverse impacts, unless the project qualifies for a statutory or regulatory exemption, or falls within the jurisdiction of an agency that has approval to manage its own version of a CEQA process. There are different types of EIRs,

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