BACA
A summary of BACA
An overview of my analyses of Proposition 45
I’ve written a lot on the Cal Chamber sponsored initiative to dramatically change CEQA, BACA, which is Proposition 45 on this year’s ballot. Here are some key takeaways from what I’ve written, as well as links to the relevant blog posts. First, BACA will not just apply to CEQA. It broadly expands vested rights and …
Continue reading “A summary of BACA”
CONTINUE READINGThe end of endangered species habitat protections in California?
Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.
California likes to portray itself as an environmental leader, and in many ways it is. But in the context of one of the most important areas of environmental law – protecting endangered species – California is on the verge of eliminating most of its protections for the habitat of endangered species. That is the result …
Continue reading “The end of endangered species habitat protections in California?”
CONTINUE READINGA Warning to Local Planners in California
If Proposition 45 is passed, you may get blindsided by projects you cannot stop. You may want to prepare yourself.
A lot of the debates over BACA, the Cal Chamber supported initiative to fundamentally change CEQA (Proposition 45 on the ballot) focus on the initiative’s impacts on CEQA. But from a local government and planning perspective, I would argue that far more important are the sweeping vested rights provisions in the initiative. As I noted …
Continue reading “A Warning to Local Planners in California”
CONTINUE READINGMore on BACA and data centers
Considering the arguments in a recent op-ed arguing Prop 45 does not cover data centers
A key issue in the debate over the Cal Chamber of Commerce CEQA initiative (BACA, or Proposition 45 on the ballot) is whether it includes data centers as the types of projects that are eligible for the CEQA exemptions and vested rights provisions in the initiative. I’ve written about why they may well fall within …
Continue reading “More on BACA and data centers”
CONTINUE READINGThe Limits of Implementation for BACA
Potential practical limits on the scope of the initiative to rewrite CEQA
I’ve done a lot of analysis of the potential scope of the Cal Chamber initiative on the ballot this fall to fundamentally rework CEQA. However, I also want to highlight a range of constraints that I think will limit the practical impact of the initiative. In doing so, I do not want to minimize the …
Continue reading “The Limits of Implementation for BACA”
CONTINUE READINGBACA and planning
Initiative to fundamentally rewrite CEQA will have important implications for planning in California
A key question under the CEQA initiative on the ballot this fall, should it be enacted, is how it will relate to planning in California law. The question is an important one because planning has long been a key component of California land-use and environmental law. All local governments are required by state law to …
Continue reading “BACA and planning”
CONTINUE READINGEnsuring Environmental Protections Without CEQA
The legislature could take steps to address the impacts on state environmental law of the enactment of BACA this November
It seems likely at this point that the Cal Chamber initiative to significantly rewrite CEQA will pass this fall. A recent PPIC poll found over 70% support for the initiative. As I’ve noted earlier, a real concern with any change to CEQA is that key parts of California’s system of environmental protections depend on CEQA. …
Continue reading “Ensuring Environmental Protections Without CEQA”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.
