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Successful CEQA Compliance:

A Step-By-Step Approach

UCLA Extension

February 25-26, 2010

Presented by:

Ron Bass

Senior Regulatory Specialist

ICF International

Jonathan Riker

Environmental Counsel/Project Manager

ICF International

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2

BACKGROUND AND

IMPLEMENTATION OF CEQA

Section 1.

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3

What Is CEQA?

CEQA is the ―California Environmental Quality Act‖

CEQA was the first state law modeled after NEPA – and California is

one of only 16 states with a ―Little NEPA‖

CEQA introduced the concept of environmental impact assessment to

state and local planning in California

CEQA is the backbone of environmental policy in California

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4

States with Environmental

Impact Assessment Laws

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5

Why Was CEQA Necessary?

Project‘s environmental factors rarely considered

Little public notification about projects

Public comments sometimes ignored

No interagency coordination

Decisions made ―behind closed doors‖ with no explanations

Limited opportunity for judicial enforcement

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6

CEQA’s History

Enacted in 1970

Based on The Environmental Bill of Rights

Modeled after federal NEPA

Implementation expanded by Friends of Mammoth v. Board of

Supervisors of Mono County (1972) 8 Cal. 3rd 247

Important amendments every few years – but the basic framework has

remained the same

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Objectives of CEQA

Disclose to decision makers

and the public significant

environmental effects of

proposed activities

Identify ways to avoid or reduce

environmental damage

Prevent environmental damage

by requiring implementation of

feasible alternatives or

mitigation measures

Disclose the public reasons for

agency approval of projects with

significant environmental effects

Foster interagency coordination

in review of projects

Enhance public participation in

planning process

CEQA Guidelines Sec. 15002

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8

Policies Encouraging Protection of the

Environment

Maintaining quality environment is of statewide concern

There is a need to understand relationship between ecological systems and general welfare of the people

Government agencies should identify critical thresholds for health and safety of the people and prevent those thresholds from being reached

Every citizen has responsibility to preserve and enhance the environment

Public and private interests must make systematic and concerted efforts to enhance environmental quality and control pollution

CEQA secs. 21000-21001

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Policies Encouraging Protection of the

Environment (Cont.)

Government agencies must give major consideration to preventing

environmental damage

Take all actions necessary to protect, rehabilitate, and enhance the

environmental quality of the state

Take all actions necessary to provide people with clean air and water

and enjoyment of aesthetic, natural, scenic, and historic qualities

Prevent elimination of fish and wildlife species by ensuring their

populations do not drop below self-perpetuating levels

CEQA secs. 21000-21001

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10

Policies Encouraging Protection of the

Environment (Cont.)

Ensure that long-term protection of environment guides public decision

making

Create conditions under which man and nature exist in harmony

Require governmental agencies to develop standards to protect

environmental quality

Require governmental agencies to consider qualitative, economic, and

technical factors; long- and short-term benefits and costs; and

alternatives to proposed actions

CEQA secs. 21000-21001

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11

Policies Encouraging Efficient

and Streamlined Implementation

One Project, One Document

– Lead agency prepares document used by all agencies

Begin review before project approval or land purchase

Integrate CEQA with other planning and environmental laws to

encourage concurrent review and processing

Organize and write environmental documents to make them useful to

decision makers and public

Omit unnecessary project descriptions from EIRs and emphasize

feasible alternatives and mitigation measures

―Tier‖ review of later activities upon earlier EIR or Negative Declaration

CEQA sec. 21003

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12

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13

Procedural Requirements to

Accomplish CEQA’s Objectives

Disclose environmental

impacts

• Initial studies

• Negative Declarations

• Environmental impact

reports

Identify and prevent

environmental damage

• Mitigation measures

• Alternatives

• Mitigation monitoring

Disclose agency

decision making

• Findings

• Statements of

overriding consideration

Foster intergovernmental

coordination

• Early consultation

• Scoping meetings

• Notice of Preparation

• State Clearinghouse review

Enhance public

participation

• Scoping

• Public notice requirement

• Availability of documents

• Response to comments

• Citizen access to courts

• Legal enforcement procedures

Thank you for viewing our presentation of Successful CEQA Compliance

If you are interested in this seminar, the next offering will be held on Thursday and Friday, December 9-10, 2010

REG# V8600 | $495 ($520 after 11/25) | 866 Law | 1.2 CEU 12 hrs of CM credit for AICP certified planners | 12 hrs of MCLE credit

Location: UCLA Extension Downtown Los Angeles Figueroa Courtyard 107 | 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