Dear Senate President Pro Tempore McGuire,
Friends of the Eel River strongly opposes SB 607 (Wiener). One of the most important aspects of the California Environmental Quality Act, or CEQA, is that it provides a means for everyday citizens and advocacy groups to participate in assessing projects for significant environmental impacts and, when necessary, to make a fair argument for more thorough environmental review. SB 607 removes this “fair argument test” and flips the burden of proof in a way that doesn’t make sense; rather than advocates providing substantial evidence of significant environmental impacts, the new law would allow project proponents to put forward information to show a lack of impacts.
Importantly, SB 607 is not a housing bill. This new standard of eliminating the public’s ability to participate in environmental review would apply to almost all projects in California. Over the last decade California legislators have passed many bills that amend CEQA to support housing development. However, since CEQA did not cause the affordable housing crisis, these amendments have not solved the problem. And SB 607 definitely won’t either.
In your district, the “fair argument test” has been used a number of times to require an environmental impact report. For example, in 2021 Humboldt County released a mitigated negative declaration, or MND, for Nordic Aquafarms’ land-based fish farm. Environmental groups pushed back, providing ample evidence of significant environmental impacts, and the company was required to develop an environmental impact report, or EIR. Ultimately the community was able to negotiate important improvements to the project through the EIR process.
The “fair argument test” is also successful in rejecting bids for in-depth environmental review when there is not substantial evidence. In 2019, when advocates challenged Sonoma County for adopting a mitigated negative declaration for construction of the Knights Bridge winery, the court upheld the MND, ruling opponents did not provide substantial evidence of likely environmental impacts.
At a time when federal environmental protections are being stripped away, it is more important than ever to ensure our state environmental laws remain effective. Please let us know how else we can help you continue your record of standing up for environmental and public health protections.
Respectfully,
Alicia Hamann
Executive Director
Friends of the Eel River
Click here to learn why more than 100 organizations oppose SB 607.