ecovote.org > get involved > action alerts > proposition 64

No on Prop 64!

Our letter to Governor Schwarzenegger

This is a letter CLCV and other environmental groups wrote to Governor Schwarzenegger opposing November’s Proposition 64.

Dear Governor Schwarzenegger:

We write to communicate with you directly our deep disappointment in your decision to support Proposition 64, a measure that will weaken enforcement of California’s environmental laws. We were taken aback by this announcement because we relied upon your assurances that you were committed to finding a solution to the problems that the proponents of Proposition 64 use to justify it and to directing your Administration to vigorously pursue such a solution. We have discussed our concerns with members of your Administration.

On August 11, 2004, at a large meeting in your office with leaders of several environmental organizations, we raised the issue of Proposition 64. We expressed concern that the measure was too broadly drafted and would prevent legitimate and important enforcement of environmental laws. Our environmental organizations have no interest in protecting any misuse of these enforcement statutes and offered to work with your Administration to craft a balanced alternative to the ballot measure.

In that meeting, you stated: “I want to solve this problem this month in this building.” Immediately after the meeting you designated a member of your Administration to act as your point person on this issue.

A group of environmental and labor representatives met with members of your staff the following Tuesday, August 17, 2004, to discuss our ideas for a legislative solution. Representatives of your Administration promised to consider our ideas and to schedule additional meetings. We understand that they were busy with other important matters near the end of the legislative session. But the fact remains that while direct meetings were repeatedly promised, none were scheduled; and despite numerous requests on our part, no further meetings occurred with them. In the absence of meetings, we did our best to push a solution forward, even to the point of drafting a full legislative proposal, SB 185. No one in your Administration ever responded to this proposal.

Your Administration did convene a meeting for us with the proponents of Proposition 64 two days before the end of the session. That meeting was not attended by a member of your staff. In the absence of any encouragement from your Administration, the proponents showed no interest in a compromise.

By the end of the legislative session, it became clear your Administration had made no significant effort to find a legislative solution to Proposition 64 despite your clear statement to us on August 11, 2004.

We were obviously disappointed at the lack of attention to this issue. Although time was short, there was unquestionably sufficient time to find a solution. The missing link was real effort by the Administration.

In your “Action Plan for California’s Environment,” you said, “Strict law enforcement is vital to assure environmental protection, prevent polluters from achieving unfair competitive advantage against complying competitors, send a message of public values, and establish conditions conducive to creativity and participation in voluntary initiatives.” (Italics added.)

The failure of your Administration to work aggressively to find a solution to Proposition 64 is inconsistent with the commitment you made to us on August 11. Your subsequent endorsement of Proposition 64 is inconsistent with your own Action Plan.

We will work as hard as we can to defeat Proposition 64.

We appreciate the efforts your Administration has made to work with us on behalf of the public interest on a wide variety of environmental issues, now and in the future. We also greatly appreciate for your signature on a range of environmental bills this month. However, we are profoundly troubled by your endorsement of a measure that will weaken enforcement of California’s environmental laws.

Thank you for your attention. We would be glad to discuss this further with you.

Respectfully,

Bill Magavern
Legislative Representative
Sierra Club California

Susan Smartt
Executive Director
California League of Conservation Voters

Fred Keeley
Executive Director
Planning and Conservation League (PCL)

Ann Notthoff
California Advocacy Director
Natural Resources Defense Council (NRDC)

Mike Schmitz
Executive Director
California League for Environmental Enforcement Now (CLEEN)