Does CEQA apply to federal agencies?

CEQA Requirement: CEQA applies to projects of all California state, regional or local agencies, but not to Federal agencies.

Who is subject to CEQA?

All projects undertaken by a public agency are subject to CEQA. This includes projects undertaken by any state or local agency, any special district (e.g., a school district), and any public college or university. CEQA applies to discretionary projects undertaken by private parties.

Does CEQA apply to private companies?

CEQA originally applied to only public projects, but California Supreme Court interpretation of the statute, as well as later revisions to the wording, have expanded the CEQA’s jurisdiction to nearly all projects within California, including those accomplished by private businesses and individuals.

What is a responsible agency CEQA?

A Responsible Agency under CEQA is a public agency with some discretionary authority over a project or a portion of it, but which has not been designated the Lead Agency.

How do you know if a project is subject to CEQA?

The Court held that the “likely actual impact of an activity is not at issue in determining its status as a project.” Instead, “a proposed activity is a CEQA project if, by its general nature, the activity is capable of causing a direct or reasonably foreseeable indirect physical change in the environment.

What triggers an EIR?

When an Initial Study indicates that a project has the potential to “significantly” damage the environment, CEQA requires that an EIR be prepared. An EIR is an informational document to be used by the public and by decision makers when making choices about projects.

Which projects are exempt from CEQA?

Discretionary Projects

All development projects requiring discretionary approvals undergo environmental review. Stand-alone ministerial and by-right projects are statutorily exempt under CEQA. These projects do not need planning approvals because they comply with zoning and building code requirements.

What is a negative declaration CEQA?

A Negative Declaration (ND) is a written statement by the Lead Agency briefly describing the reasons why a proposed project, that is not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. ( State CEQA Guidelines § 15371)

Who prepares EIR?

The lead agency shall prepare a final EIR before approving the project. The contents of a final EIR are specified in 14 CCR Section 15132 of the CEQA Guidelines. Lead agencies may provide an opportunity for review of the final EIR by the public or by commenting agencies before approving the project.

What is the difference between CEQA and NEPA?

NEPA is purely a procedural document and narrower than CEQA in process and in practice. … The CEQA lead agency is usually local or state government. NEPA and CEQA are used at the national and state/local levels to ensure the environmental impact is being considered in the decision-making process.

What is a responsible agency?

A “responsible agency” is the public agency which proposes to carry out or approve a project for which a lead agency is preparing or has prepared an environmental document.

What makes a responsible agency responsible?

Responsible agency means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has prepared an EIR or Negative Declaration.

What is required for a lead agency to prepare an EIR?

At a minimum, the information shall include: description of the project, location of the project indicated on atopographical map, any probable environmental impacts as a result of implementation of the project, address where comments may be sent,and deadline for submitting comments.

What qualifies as a CEQA project?

The CEQA Guidelines define a project under CEQA as “the whole of the action” that may result either directly or indirectly in physical changes to the environment. This broad definition is intended to provide the maximum protection of the environment.

What is a CEQA lawsuit?

As a “self-executing” statute, CEQA is enforced by aggrieved parties requesting that a court mandate either a full environmental review—in cases where none was initially deemed necessary—or heavy revisions to an existing EIR. Litigants can even file these lawsuits anonymously.

What are CEQA requirements?

The California Environmental Quality Act (CEQA) is a California law that requires public agencies and local governments to evaluate and disclose the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts to the extent feasible.