A Blueprint for Greenmail: CEQA and Historic Codes

When CEQA was established several decades ago, its intent was to make sure that our citizens have clean air, clean water, and were able to protect themselves and the environment from harmful effects of over-development.   CEQA is what is called a "self-enforcing" statute -- in other words, public agencies are responsible for complying with CEQA, and it is enforced by the public through litigation and the threat of litigation.

Unfortunately, many of the provisions of CEQA are complex and subjective, so the specter of litigation can be raised with very little basis in fact.  We are now at the point where anyone involved in improving or building real property in California is potentially exposed to what can only be described as extortion.   When you add the subjectivity and scope of the state codes regarding historic designation to the complexity and subjectivity of CEQA, you have a blueprint for greenmail.

In California, any properties that have structures over 50  years old are deemed potentially historic and thus potentially subject to CEQA if anyone raises the question.   The burden of proof is on the property owner to show otherwise, and showing otherwise generally costs thousands of dollars in fees to qualified consultants.  The bottom line?  Anyone who doesn't like what you're doing with your property can file, or threaten to file, papers raising a question about the property's historic value.  At a minimum they know they can cost you months and thousands of dollars at absolutely no legal or financial exposure to themselves.