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Prop 98 Attacks our Environmental Protections |
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All Leading California Environmental Organizations Agree: No on 98
There is a dangerous measure on the June 2008 Ballot that could wipe out important laws and regulations that protect our environment. Every leading environmental organization, including the Natural Resources Defense Council, National Wildlife Federation, Sierra Club California, California League of Conservation Voters, California Coastal Commission (read their report here) and many others are opposed to Proposition 98 - dubbed the "Hidden Agendas Schemes". The proponents want voters to believe it's about eminent domain. But a legal analysis by the respected environmental law firm of Shute, Mihaly & Weinberger has found that hidden provisions in this measure would wipe out regulations intended to protect our environment. Specifically, the measure prohibits laws and regulations that "transfer an economic benefit to one or more private persons at the expense of the private owner." The courts have ruled that virtually all environmental regulations and land-use decisions are likely to impose costs on the affected party, while transferring economic benefits to another private party. Thus, the measure will gut all manner of laws and regulations that protect our environment and regulate growth and development.
If passed, Prop. 98 could prohibit important environmental protections, including: - AB 32 Regulations to reduce greenhouse gas emissions and other laws to limit climate change;
- Water supply and water quality protections that ensure adequate supply and quality for species protection, such as waterfowl, salmon, and delta fish; or for maintaining the beauty of natural treasures like Lake Tahoe;
- Regulations to protect sensitive wetland areas, including limiting development on or near wetlands;
- Urban limit lines and other growth control measures intended to stop sprawl and uncontrolled development, and to protect open space;
- California Environmental Quality Act mitigations that cities, counties and public agencies require of developers to mitigate environmental impacts of developments;
- Protections of endangered species and their habitats;
- Protection of coastal areas, farmland, and ranchland, as well as cultural and historic sites;
- "Smart growth" regulations designed to promote compact, walkable, and transit-oriented communities that combine residential and commercial land uses;
- Ordinary zoning regulations, such as restrictions on the development of polluting industries, adult businesses, and "big box" megastores; and
- Regulations intended to protect old growth forests by limiting timber harvests
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