An Overview of the California Environmental Quality Act

Transcription

1 An Overview of the California Environmental Quality Act

2 WHAT IS CEQA? The Statute: Public Resources Code 21000et seq. The Guidelines: CA Code of Regs et seq. The County: County CEQA Guidelines The Courts: Case law

3 Purpose and Objectives Informthe public and decisionmakers Protectthe environment Disclose environmental impacts

4 WHEN DOES CEQA APPLY? Applies to projects that have the potential to result in a change in the environment Does notapply when there is no potential to result in a physical change in the environment.

5 WHEN IS CEQA ANALYSIS DONE? CEQA process must be completed before the project is approved

6 ENVIRONMENTAL DOCUMENTS

7 PROJECT? No additional CEQA EXEMPT? NO NEGATIVE DECLARATION (MND/ND) OR But does an EXCEPTION apply? YES ENVIRONMENTAL IMPACT REPORT (EIR) No additional CEQA

8 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

9 Differences between Documents Exemption ND/MND EIR Time to complete 1 wk-1 month 4-10 months 8-24 months Length of document 1-5 pages pages 100-1,000 pages Cost In house $25-150K $ K Scoping Internal Recommended Required Public Comment Period Not required 20/30-days 30/45-days Public Meetings Not typically 1 Typically 3-4 Typically Decision Document Findings + NOE ND + Findings EIR + Findings + NOD + NOD

10 SUBSTANTIAL EVIDENCE Facts, Reasonable assumptions predicated upon facts, and Expert opinion supported by facts. (CEQA Guidelines 15384)

11 Need enough relevant information and reasonable inferences from information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. (CEQA Guideline 15384)

12 Exemptions

13 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

14 Commonsense Exemption Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ( 15061(b)(3)) Statutory Exemption Blanket exemptions identified by the Legislature Categorical Exemption Types or classes of projects determined to not have a significant impact

15 EXCEPTIONSto Categorical Exemptions Cannot use the categorical exemption if one of these exceptions is applicable ( ): - Location - Scenic Highways - Cumulative impact - Hazardous waste sites - Significant effect - Historical resources

16 Initial Study Used to determine if the project will have a significant impact on the environment Provides agency with information to use as the basis for deciding whether to prepare an EIR or ND. CEQA Guidelines 15063

17 Negative Declarations

18 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

19 Level of impacts dictates document: ND: no significant impacts MND: significant impacts have been mitigated to less than significant level Circulation for public input Decision-maker adopts ND/MND, makes findings Notice of Determination

20 Baseline Description of the environmental setting Baseline & Project Description Normally existing conditions Project Description Precise location and boundaries Clearly written statement of project objectives

21 Impacts Analyzed Air Quality Agriculture Biology Cultural and Historic Resources Geology and Soils Hazards/Hazardous Materials Hydrology and Water Resources Land Use/Planning Noise Public Services Recreation Transportation/Traffic Utilities Mineral Resources + CUMULATIVE IMPACTS

22 Determining Significance Significant Impact A substantial or potentially substantial adverse change in physical conditions Class I - Significant, unavoidable Class II -Less than significant with mitigation Less than Significant Impact A change in physical conditions that is not substantial ClassIII -Less than significant Class IV -Beneficial

23 Mitigation Measures CEQA requires that mitigation be imposed for significant impacts Mitigation measures must be fully enforceable to ensure they will be effective. (CEQA Guideline (b))

24 Environmental Impact Reports

25 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

26 Environmental Impact Report Examine all potentially significant effects on the environment in plain language All phases of the project; direct and indirect impacts; short-term and long-term impacts Public Resources Code (e) Circulation for public input Decision-maker: certifies EIR, makes findings, Notice of Determination

27 Alternatives EIR must include a reasonablerange of alternatives. Alternative must: Meet most project objectives Be feasible Avoid or substantially lessen any significant impact

28 Alternate 1

29 Response to Comments EIRs require written responses to comments Responses shall describe the disposition of significant environmental issues raised.

30 Findings on Impacts Supported by FINDINGS Substantial Evidence Findings on Mitigation Feasible Reduce impact below significance Findings on Overriding Considerations Policies so important that project with significant impacts can go forward

31 Statement of Overriding Consideration Significant environmental impact does not necessarily end a project Decisionmaker may determine that benefits outweigh the significant impact Economic, legal, social, technological, or other benefits including region-wide or statewide environmental benefits Adverse environmental effects may be considered acceptable

32 Threshold for Agency Decisions Does the agency have to conclusively prove all conclusions? NO! Agencies need not scientifically prove or exhaust all possible means of inquiry Agency must have substantial evidence for conclusions

33 Streamlining CEQA Review Programmatic documents; tiering Incorporation by reference Addendum to ND/MND/EIR Minor technical changes or additions Supplemental EIR Minor additions or changes Subsequent ND/MND/EIR Important revisions addressing significant impacts

34 LITIGATION

35 CEQA ADMINISTRATIVERECORD [P]retty much everything that ever came near a proposed development Any other written materials relevant to compliance with CEQA or decision on the merits County of Orange v. Superior Court of Orange County (2003) 113 Cal.App.4 th 1, 5.

36 STANDARDS OF REVIEW Exemption: Court defers to the findings of the agency so long as they are supported by substantial evidence. ND/MND: EIR required if substantial evidence in the record supports a fair argumentthe proposed project may have a significant effect on the environment. EIR: Whether there was a prejudicial abuse of discretion.

37 Questions