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California Prop 45 would shorten CEQA reviews; critics warn data-center use
The Verge: Prop 45 would speed CEQA reviews for "essential" projects, cap lawsuits at 270 days, and Earthjustice says data-center developers could try to qualify.
- New headline Was: “Prop 45 in California could be hiding a loophole for data centers”
- Our desk filed its story
California's Proposition 45 would shorten environmental-review timelines for projects labeled essential infrastructure, The Verge reported Sunday, citing environmental advocates who say data-center developers could try to use the same track1.
The Verge said the measure would speed state-mandated assessments and make it more difficult for residents to challenge eligible projects in court1. Supporters, as described in the report, argue it would ease the state's housing shortage and help meet electricity demand with new renewable-energy projects1.
Fernando Gaytan, a senior attorney at Earthjustice, which opposes Prop 45, told The Verge that developers may try to fit data centers into the essential-project definition and use the faster review1. "Communities get cut out of the conversation," Gaytan said1.
The Verge said Prop 45 would loosen standards under the California Environmental Quality Act, which requires agencies to review impacts, consider public comment, and seek ways to limit harm before approvals1. The report said the measure would set a 365-day deadline for agencies to finish an environmental impact report, require legal challenges to be settled within 270 days, and allow 45 days of public comment1.
The Verge also said the measure would require state agencies and developers to consult only with federally recognized Native American tribes, whereas CEQA as written now mandates consultation with tribes that might be affected even if they are not federally recognized1. Whether data centers would qualify as essential if the measure passes is a warning from opponents, not a determination in the article1.
