In High Country News

Across California, [the California Environmental Quality Act (CEQA)] is used to fight affordable housing projects. A recent study published by Chapman University’s law school found that from 2019-2021, almost 40% of all CEQA lawsuits targeted housing projects. Jennifer Hernandez, author of that study and an attorney at Holland & Knight’s West Coast Land Use and Environmental Group, explained that these lawsuits often hide behind veiled language, such as preserving the “character of a community.” A report she authored in 2022 for a nonprofit economic research group found that nearly half of California’s housing developments faced CEQA lawsuits in 2020.

“Once you define the environment to mean everything,” Hernandez said, “then it’s almost impossible not to find an environmental impact.”