The California Supreme Court has accepted Cleveland National Forest Association v. SANDAG, the controversial case that raises the question of whether a governor's executive order must be taken into consideration in CEQA analysis.

UCLA Extension convened its annual Land Use Law and Planning Conference last week in Los Angeles.

The proposed CEQA Guidelines prohibiting lead agencies from categorizing traffic congestion as a significant impact will likely trump any significance finding tied to local general plans that contain a level of service standard, state officials said at a forum on the draft guidelines Friday in San Diego.

It can sound like a simple step, to end Level of Service (LOS) metrics in CEQA transportation analysis. The more conceptually elegant Vehicle Miles Traveled (VMT) metric is easy to welcome in the abstract, with its incentives for shared and active transportation, its arguably simpler calculation methods, its potential to realign CEQA analysis with state climate protection law – and most of all, its escape from the addictive spiral of induced demand for broad, free-flowing highways that, under the logic of LOS analysis, always need widening again.

But in early August the Governor's Office of Planning and Research (OPR) published a detailed discussion draft setting out an alternative transportation impacts metric in compliance with last year's SB 743 mandate. And alongside the big-picture discussions of environmentally conscious innovation, the technical arguments began.

So, what did Sen. Darrell Steinberg's last-minute switcheroo mean for CEQA reform? More than you might think.

Will CEQA ever give infill development a break?

SB 731 – now pending in the Assembly – is intended to do just that. But in the latest twist in an increasingly long-running tale, the bill has now been amended in a way that could push CEQA significantly in the direction of assessing the socioeconomic impact of infill development.

As the California legislative session winds down, both CEQA reform and the revival of redevelopment appear headed to Gov. Jerry Brown's desk.

Both bills are being carried by Senate leader Darrell Steinberg, D-Sacramento. They both passed the Assembly Appropriations Committee last Friday. The redevelopment bill – SB 1, virtually unchanged since last spring -- passed 12-5, presumably on a party-line vote. The CEQA bill – SB 731, the subject of endless wrangling in August – passed 17-0.

The First District Court of Appeal has batted down an attempt by the California Building Industry Association to turn CEQA on its head, saying that the passage of significance thresholds is not a project under the environmental law. In so doing, the court concluded that an environmental analysis is not required to examine the environmental impact of the standards used to conduct environmental analysis and assess environmental impact. 

In other words, the appellate court ruled that CEQA does not apply to CEQA – at least not in this case.

Two weeks after it was left for dead, SB 731 – the bill to reform the California Environmental Quality Act – unanimously passed the Assembly Local Government Committee Wednesday. The bill was amended last week to ease parking requirements on infill development but it was unclear whether that would be enough to satisfy the Assembly.