California Officials Challenge Newsom’s Office Return Order
State officials are opposing Governor Gavin Newsom’s mandate for employees to return to the office, expressing concerns that it will increase traffic and hinder the state’s carbon neutrality goals.
In a critical letter, California lawyers, administrative law judges, and the State Employment Hearing Officer (CASE) claimed the order violated the California Environmental Quality Act (CEQA). They argued that the state should have assessed the environmental effects of the return-to-office (RTO) directive first.
The union characterized the order as a “discretionary project” under CEQA, which mandates that the environmental consequences of significant government actions be considered and disclosed before implementation.
CEQA’s requirements include the necessity for agencies to evaluate and mitigate any significant environmental impacts of proposed projects. The letter emphasized the importance of addressing these concerns to minimize negative effects.
CASE stressed that enforcing RTO orders without proper environmental reviews equates to “abuse of discretion.”
Representing about 5,000 legal professionals in California, the union warned that the policy could lead to unintended environmental consequences, such as prolonged commutes and increased pollution.
The letter was sent to around 100 state agencies, urging them to undertake environmental impact reviews for the RTOs. Departments were reminded that the four-day workweek is a choice that carries various environmental ramifications that need to be analyzed and managed.
According to the union, CEQA mandates a review before any RTO is confirmed, warning that they may pursue legal action if this is overlooked.
CASE Vice President Matthew Gauger expressed optimism about the letter’s potential impact, noting that unnecessary increases in vehicle traffic lead to higher carbon emissions, which undeniably affect the environment.
He commented, “If a government agency fails to conduct a CEQA review before proceeding with an RTO policy, we reserve the right to seek intervention from the California Superior Court.”
The letter referred to facts from a state audit report, suggesting telework saved around 50 million commute miles, preventing over 18,000 tons of CO2 emissions in December 2023 alone.
CASE is calling not just for an environmental review concerning health and climate but also for exploring feasible alternatives and mitigation strategies to lessen greenhouse gas emissions.
These alternatives could include continued telework options, discounted public transport passes, electric vehicle charging (EVC) stations, and financial incentives for electric vehicle purchases.
The California Department of Human Resources (CalHR) has reiterated that the order for state employees to report to the office four days a week will take effect on July 1, 2026, in line with last year’s delay agreement.
CalHR stated, “Departments have been getting ready for employees’ return in compliance with this directive, including evaluating workspace needs.”
Newsom’s initial requirement was for two days of in-person work in 2024, but that has now expanded to four days a week.
Last year, the governor faced criticism from labor unions, and similar pushback is occurring again, with groups like SEIU Local 1000 and CAPS UAW denouncing the current approach.
