CEQA Reviews to Continue as Prop 45 Is Projected to Fail

California's Proposition 45, which would have amended the state's landmark environmental protection law that some argue has been weaponized to thwart developments of all kinds, is now projected to fail as more votes have been counted. The Associated Press called it on Monday: Prop 45 is going down. The "No" vote has grown to 55.9% since last Tuesday's election, and the measure is now almost certainly going to fail, with 77% of all ballots now counted. As KPIX reports , the measure was supported by the California Chamber of Commerce and the California Council for Affordable Housing, but pro-development groups like YIMBY Action and California YIMBY remained neutral. And the measure had strong opposition from the Sierra Club, the California Democratic Party, and the Greenbelt Alliance. Prop 45 would have made changes to the 1970 California Environmental Quality Act, or CEQA, limiting the public review process for new developments only to "essential" environmental and public health impacts — a potentially controversial standard. Advocates argued that the law has been weaponized by NIMBYs across the state and has made housing development exponentially more expensive, bogging projects down in unnecessary red tape. But environmental advocates and others are celebrating the win. "When we can't rely on the federal government to protect our communities and the environment, we need strong state laws to keep us safe," said Aruna Prabhala, an attorney at the Center for Biological Diversity, in a statement to KPIX. "I hope developers heard us loud and clear. We're not interested in giving polluting projects a free pass." In this year's voter guide, supporters argued that CEQA reviews have led to "Endless delays, red tape, and frivolous lawsuits" which have driven up "costs for housing, electricity, and water" and delayed important hospital projects. "This election has come to an end, but the journey is far from over. There's simply no path forward that doesn't begin with establishing clear and consistent rules for building the essentials of a prosperous future," said Jennifer Barrera, CEO of the California Chamber of Commerce, in a statement Monday. "We will continue to advocate for reform that's both comprehensive and consequential, and we will hold elected officials accountable for whether they take action that makes a difference." The nonprofit Earthjustice, meanwhile, noted in a statement today that "Data center and warehouse developers, for-profit utilities, and other special interests spent tens of millions of dollars to pass this measure, but voters recognized the importance of defending the law that protects clean air, water, and biodiversity, and provides opportunities for residents to participate in decisions that affect their quality of life." "With this vote, Californians made it clear that they want a voice in how and where projects in their communities are built," said Sean B. Hecht, managing attorney of Earthjustice’s California Regional Office, in a statement. "CEQA is often the only line of defense for communities living in the shadow of proposed freeways, warehouses, and industrial sites." As the Sacramento Bee noted last month, Governor Gavin Newsom decried the "weaponization" of CEQA, saying it had led to "years and years of BS," however he remained officially silent when it came to his support for or opposition to Prop 45. Previously: California Billionaire Tax Looks to Be Failing, While Prop 42 Might Pass