Rewrite building codes for fires? Be careful what you wish for

By Michelle Black, environmental attorney and partner at Carstens Black & Minteer LLP

Michelle Black

January 24, 2025

The Los Angeles Times ran this Letter to the Editor from Michelle Black:

It is unclear why Gov. Gavin Newsom suspended California Environmental Quality Act regulations for projects rebuilding in the wake of the L.A. fires. CEQA would not apply to these projects, as the law already exempts replacing or rebuilding existing structures, building small structures such as single-family homes and constructing housing projects in infill areas.

Thus, Newsom’s executive order is unnecessary. It will not accelerate L.A.’s recovery because most rebuilding projects are not regulated by CEQA. What the order will do, unfortunately, is feed the false narrative that CEQA is somehow exacerbating the state’s housing crisis.

The order also threatens to weaken building codes. These codes currently protect public health and safety, including by making buildings more fire-resistant. Why would we want to quickly rebuild homes that could pose a threat to residents?

Building codes protect Californians from public health dangers such as air and water pollution. They also work to slow climate change, which is fueling these fire disasters.

With effective leadership, L.A. can rebuild in a way that protects people’s health and safety. CEQA does not stand in the way.