San Diego Journal of Climate & Energy Law
Abstract
The passage of the California Environmental Quality Act (CEQA) in 1970 has long been considered a watershed moment in the evolution of government participation in environmental issues. In the years since, CEQA has played a pivotal role in protecting Californians’ access to the beautiful nature offered by the Golden State. However, the very regulation that has been repeatedly relied upon to breathe clean air and drink clean water may very well be an instrument upon which Californians could return to smog-ridden skies. In this regard, CEQA’s biggest vulnerability may come from a most unexpected place: its strength.
The tools by which CEQA empowers Californians to halt projects with adverse effects on the environment are now being co-opted to halt infill development, resulting in an increase in greenfield development, and by extension, an increase in “super commuters” on California roadways. This comment examines the landscape that CEQA was born into, how CEQA works, the track record of CEQA, the concept of “super commuting,” and how the anatomy of a CEQA action may create conditions that cause more people to drive longer. While it may be tempting to say that CEQA is the root cause of this problem and should be repealed, I instead contend that, with specific and minimal modifications, some of which are currently in progress, a revamped CEQA can exist to better serve the high principles upon which it was implemented fifty-six years ago.
Recommended Citation
Jordan Q. Davis,
Back to Intent: Revamping California’s Flagship Environmental Legislation and Tackling the Rise of the “Super-Commuter”,
17
San Diego J. Climate & Energy L.
121
(2026)
Available at:
https://digital.sandiego.edu/jcel/vol17/iss0/5