Title Layout
DemystifyingNEPA & CEQAWhat You Need to Know About
Environmental Regulations
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IntroductionYour PresentersJohn Gifford, LLBThomas Jex, JD
PurposeDemystify the CEQA/NEPA process and regulationsStrategy
to analyze projects with environmental requirementsTools to win
more competitive bids
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What is NEPA & CEQA? National Environmental Policy Act -
196942 U.S.C. 4321 et seq. California Environmental Quality Act -
1970Public Resources Code 21000-21178
GoalsProtect the EnvironmentAvoid or minimize environmental
damageMitigation measures and alternativesPublic
Disclosure/ParticipationInput from interested parties and
stakeholdersInform decision makers about the environmental
consequencesDisclose to the public why decisions were made
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Environmental Regulation as Applied. 2014
Environmental Regulations as envisioned.1970
Who are the players?Government AgenciesLead Agency primary
approval authority over the projectResponsible Agency has approval
authority over some aspect of the projectTrustee Agency has
authority over some resources
Private OrganizationsConsultants prepare studies, documents, and
adviseContractors design, build, and implementationSpecial Interest
Groups watchdog organizations
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How Does it Work?NEPAUsed when there is a federal nexus where
the project involves:Federal fundingFederal permit or approval Use
of federal landsA federal programCommonly Used:Military
InstallationsBLM LandsCaltrans FHWACorps of Engineers
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How Does it Work?CEQAFour Phases(NEPA Equivalents)Phase 1:
Preliminary Review Purpose & NeedIs it a project? What
type?Phase 2: Initial Study (IS) EBS, PESPotential impactsPhase 3:
Appropriate Level of ReviewNegative Declaration Categorical
ExclusionMitigated Negative DeclarationEA/FONSIEnvironmental Impact
ReportPhase 4: Project Consideration/Overriding Federal
RegisterConsiderations/Approval
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Phase 1: Preliminary ReviewIs it a project? A project is defined
as activity approved by a public agency that may cause a direct
physical change in the environment or a reasonably foreseeable
indirect physical change in the environment ; as determined by the
Lead Agency.
Is it exempt? Three types of exemptions:Statutory blanket
exemptions given by LegislatureCategorical types or classes of
projects determined to have no significant impactCommon Sense Rule
CEQA does not apply to projects with no potential for significant
impact on environment [CEQA Guidelines, section 15061(b)(3)].
Phase 2: The Initial Study (IS)Checklist of potential
impactsScreens and Narrows Focus of Environmental Issues
Determines Level of SignificanceSignificant ImpactA substantial,
or potentially substantial, adverse change in physical
conditionsLess than Significant ImpactA change in physical
conditions that is not substantial
Phase 3: Level of Review Negative Declaration (ND)No significant
impacts Fair ArgumentCirculate ND and IS - Short review (20-30
days)
Mitigated Negative Declaration (MND)Circulate MND and IS - Short
Review (20-30 days)Impacts mitigated to Less than Significant
Impact
Environmental Impact Report (EIR)Notice of Preparation
(typically circulated with IS) - ScopingDraft EIR circulated - 45
days with Notice of Completion and Notice of Availability - Public
Hearings are discretionaryProposed responses to commentsPublic
hearing held for discretionary approval
Phase 4: Project ApprovalProposed Responses to Comments Sent to
responding public agencies 10 days prior to certification
Public Hearing Generally held for discretionary approval
EIR or IS/MND Certification Project approval, CEQA findings,
statement of overriding considerations
Notice of DeterminationStarts a 30-day statute of
limitations
Putting it All TogetherLead Agencies are often uncertain of the
potential significance of impacts from a proposed project. RFPs are
often vague or incompleteRequirements may not reflect actual
conditions
Ask relevant, informed questions about the proposed project.
What to AskAre there historical/cultural resources present?
Does development threaten existing scenic vistas?
Is the site located in or next to a scenic highway?
Are there other existing scenic resources, such as, significant
trees or rock outcroppings on site?
Are there threatened or endangered species present?
Is there suitable habitat for such species?
Is this part of an infill project?
What to Ask (Continued) Are rivers or streams flowing through or
next to the site?
Will the project result in substantial erosion or siltation
onsite or offsite?
Is there riparian habitat present?
Will use of wells impact the recharge ability of the
aquifer?
Is there a federal nexus? Federal funding, permits required by
federal agencies?
Given answers to the above; is the proposed environmental level
of effort consistent with the data?
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Thank You!QUESTIONS?
Contacts
John Gifford, LLBPrincipal Geotech ES 909.376.7500
[email protected]
Thomas Jex, JD Partner - Burke, Williams & Sorensen, LLP
951.788.0100 [email protected]
Environmental questions and classifications used by the
Environmental Consultant (Sample)
Environmental Categories analyzed by the Environmental
Consultant
