Insight: The CEQA End-Run

Once when I was a planning practitioner we had a debate about how to handle the determination of a particular program under the California Environmental Quality Act. My colleagues argued that we should do an environmental impact report because otherwise we might get sued. I argued that we were going to get sued no matter what, so we might as well use an exemption. If we did an EIR, I said, some judge would just find that we didn’t do it right. On the other hand, if we used an exemption we had a chance of winning outright.

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