Ron Bass, J.D., AICPSenior Regulatory Specialist

Jones & Stokes

University of California, Los AngelesPublic Policy Program

CEQA and Other Legislative Mandates:How to Successfully Integrate

Environmental LawsMarch 7, 2008

Susan Hori, J.D.Partner

Manatt, Phelps & Phillips LLP

Unit 1. Introduction

Introduction—Course Overview

Relationship of CEQA to other legislative mandates

Overview of integration of laws and coordination among agencies

Ten-Step Integration Process

National Environmental Policy Act: law and regulations

Wetlands, streams, and other waters: laws and regulations

Endangered species: laws and regulations

Historic Resources: laws and regulations

Water quality: laws and regulations

Other legislative mandates

Course Objectives

Implement CEQA’s mandate to integrate with other laws

Review the key laws and regulations that must be integrated

Present a step-by-step approach to successful integration of CEQA with other laws

Apply the integration approach to projects

Unit 2. Overview of Integration Between CEQA and Other Laws

Overview of Environmental Laws:State

California Environmental Quality Act (CEQA)

CA Fish and Game Code Section 1600-1616

Porter-Cologne Act

California Endangered Species Act

California Coastal Act

California Air Quality Laws including AB 32 (GHG/Climate Change)

Overview of Environmental Laws:Federal

National Environmental Policy Act (NEPA)

Federal Clean Water Act (CWA)

Federal Endangered Species Act (ESA)

Section 106 National Historic Preservation Act (NHPA)

Coastal Zone Management (CZMA)

Clean Air Act (CAA)

CEQA Project Description“Integration” Provisions

An EIR Project Description must include a statement briefly describing the intended uses of the EIR. This statement shall include, to the extent that the information is known to the Lead Agency: A) A list of the agencies that are expected to use the EIR in

their decision-making

B) A list of permits and other approvals required to implement the project.

C) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies. To the fullest extent possible, the lead agency should integrate CEQA review with these related environmental review and consultation requirements.

CEQA Guidelines Sec. 15124 (d)

Notice of preparation/scoping

Draft CEQA document

Public Notice and Review

Response to comments

CEQA Guidelines sec. 15082, et seq.

CEQA Review Process and The Concept of Integration

Final CEQA Document

Project Decision

Lead Agency Other Agencies

Consult,Coordinate And Incorporate

CEQA Document as the “Umbrella”

CEQA

NEPA

Federal Laws•CWA•ESA•NHPA•CAA•CZMA•Other federal

State Laws•Porter-Cologne•Cal ESA•Cal. Air Quality•Cal Historic •Cal. Coastal Act•Other federal

Identifying the CEQA Process Participants

Lead Agency

Agencies with

Jurisdictionby Law

Project Applicants

Responsible Agencies

Concerned Citizens and

Organizations

Trustee Agencies

Federal agencies

Courts

Brief History of Environmental Laws and Regulations

Before 1970: Environmental review and permitting fragmented, uncoordinated – often none at all

1970–1980: Modern environmental laws enacted (NEPA, ESA, CWA, CAA)

1978: Council on Environmental Quality NEPA Regulations require integrated environmental reviews

1980–1990: Detailed regulations for implementing ESA, CWA, CAA, NHPA adopted

1990–present: Integrated environmental compliance and sophistication of approaches expand

1998: CEQA Guidelines amended to require integrated environmental reviews

Thank you for viewing our presentation of Cultural Resource Protection Under CEQA, NEPA,

and Other Legislative MandatesIf you are interested in this seminar, the next offering will be held on Friday, October 1, 2010

REG# V5986 | $350 ($375 thereafter 9/1) | 810 Urban Planning | 0.6 CEU 6 hrs of CM credit for AICP certified planners | 6 hrs of MCLE credit

Location: UCLA Extension Downtown Los Angeles Figueroa Courtyard 102 | 261 S. Figueroa St.

Enroll: Call (310) 825 - 9971 or go to www.uclaextension.edu

Phone: (310) 825-7885 | Website: www.uclaextension.edu/publicpolicyBlog: www.uclaextensionppp.wordpress.com | Twitter: www.twitter.com/unexpubpol

Address: UCLA Extension Public Policy Program, 10995 Le Conte Avenue, Suite 413, Los Angeles, CA 90024