CEQA Abuse 'Choking' Good Development, Study Finds

A study of CEQA litigation revealed widespread abuse that experts say undermines California's environmental sustainability goals.

1 minute read

December 27, 2015, 9:00 AM PST

By Elana Eden


In August, law firm Holland & Knight released an updated comprehensive study of lawsuits filed under the California Environmental Quality Act from 2010-2012.

The report’s authors say their findings debunk the common wisdom that CEQA litigation is advanced primarily by environmentalists, or even that it serves primarily environmental purposes. In fact, the opposite may be true.

Some of the discoveries supporting this conclusion may be surprising:

  • Among infrastructure projects, transit—not highways or roads—is most frequently challenged.
  • Renewable energy projects are the most often challenged utility/industrial projects.
  • And in the private sector, higher-density housing is most contested. Infill projects in general appear to attract challenges far more often than “greenfield” development, or sprawl.

Report co-author Jennifer Hernandez summarizes the takeaway in The Planning Report:

“CEQA litigation is not a battle between ‘business’ and ‘enviros’ … [It] is primarily the domain of Not In My Backyard (NIMBY) opponents and special interests such as competitors and labor unions seeking non-environmental outcomes.”

If CEQA is generally regarded as the province of environmentalism, then calls for CEQA reform are sometimes seen as threatening progressive goals. But Hernandez argues that moderate reforms aimed at transparency and consistency would advance sustainability and equity in the state by curbing abuse of the well-intentioned statute.

Hernandez summarized the report and her proposals in The Planning Report.

Wednesday, December 23, 2015 in The Planning Report

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

Streetcar and bus stopped at station on Market Street in San Francisco with Ferry Building visible in background.

Waymo Gets Permission to Map SF’s Market Street

If allowed to operate on the traffic-restricted street, Waymo’s autonomous taxis would have a leg up over ride-hailing competitors — and counter the city’s efforts to grow bike and pedestrian on the thoroughfare.

1 hour ago - San Francisco Examiner

Parklet with wooden benches and flower boxes on street in Ireland.

Parklet Symposium Highlights the Success of Shared Spaces

Parklets got a boost during the Covid-19 pandemic, when the concept was translated to outdoor dining programs that offered restaurants a lifeline during the shutdown.

2 hours ago - Streetsblog San Francisco

Bronze statue of homeless man (Jesus) with head down and arm outstretched in front of St. Matthew Cathedral in Washington D.C.

Federal Homelessness Agency Places Entire Staff on Leave

The U.S. Interagency Council on Homelessness is the only federal agency dedicated to preventing and ending homelessness.

3 hours ago - The New York Times