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Prop 98 Guts Protections for Our Land, Air, Water, Species and Natural Resources

Environmental Groups Oppose Prop. 98 and Support Prop. 99

There is a dangerous measure on the June 2008 Ballot that could wipe out important laws and regulations that protect our environment. The proponents of Proposition 98 - dubbed the "Hidden Agendas Scheme" - want voters to believe it's about eminent domain. But a legal analysis by the respected environmental law firm of Shute, Mihaly & Weinberger (read the analysis in PDF format) 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

YES on Proposition 99 - The Homeowners Protection Act

Also on the June 2008 ballot is a real eminent domain reform measure that will constitutionally protect homeowners, without the hidden agendas and adverse consequences of Prop. 98:

• Proposition 99 - The Homeowners Protection Act - will prohibit the government from using eminent domain to take a home to transfer to a private developer.

Prop. 99 is supported by a broad coalition of homeowners, business, labor, cities, counties and environmentalists who want straightforward eminent domain reform that gets right to the heart of the infamous Kelo decision.

Read more:

Conservation Impact | Environmental Impact | A Planning and Zoning Nightmare | Effects on Renters
Find out more: visit the No on 98 / Yes on 99 website

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