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Way back in 2006, I wrote about Proposition 90. Remember how I said that was going to be terrible for the environment? Well, it's as if the Hidden Agendas Scheme folks are trying to one up that. According to a new legal analysis by Shute, Mihaly, and Weinberger (a good environmental and land use law firm), the Hidden Agendas Scheme has some real potential to mess with California's environmental regulations. You can get the complete report at the CA League of Conservation Voters Education Fund website here (look in the lower left corner).
Basically, Shute Mihaly issued an opinion that the CPOFPA would negatively impact the implementation of AB 32, CEQA, smart growth regulations and other environmental regulations and possibly be more restrictive than last year's dangerous Prop90. Here's a key quote:
[T]he initiative prohibits regulations affecting the use of real property that are enacted 'in order to transfer an economic benefit to one or more private persons at the expense of the property owner.' Put simply, nearly all regulation provides an economic benefit to some private person. Accordingly, although the initiative is ambiguous in several significant areas, a court could interpret it to restrict a host of environmental and land use regulations that would be plainly legitimate under existing law. (SMW report (PDF) 12.10.07)
Rack up another bullet point on the Hidden Agenda. The fact is that the Hidden Agendas Scheme is a poorly drafted piece of legislation, and it's impossible to really see how far this can be stretched by overzealous landlords and property owners when they are facing the possibility of common sense regulation. We know about rent control. We know about the myriad of additional headaches this could bring to the water storage debate. Now we know about the possible negative effects to the environment. That's quite a hidden agenda they've got going on.
A tremendous environmental coalition has been assembled to oppose this Hidden Agendas Scheme with members like the Cal League of Conservation Voters, the Sierra Club CA, the NRDC and many others. To put this bluntly, there can be no possible benefit to the environment from this initiative, but there could be a huge downside for the California's environment just as we are making progress on the legislative front.
And when you add this to the end of rent control that is embodied in this Hidden Agendas Scheme, it is imperative that we make sure this initiative is defeated. This initiative would "amend the California Constitution to add a regulatory takings provision that would allow a property owner to sue to obtain compensation for, and/or to invalidate, regulation that imposes costs on the owner, regardless of whether the regulated activity is a nuisance, a threat to public health or safety, or harmful to the environment." (SMW report (PDF)) We can get REAL eminent domain reform with the Homeowner's Protection Act, without all the baggage of these Hidden Agendas.
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