How Ceqa Became Law In California

The California Environmental Quality Act (CEQA) was passed in 1970 and signed into law by then-governor Ronald Reagan. CEQA is a California statute that requires state and local agencies to follow a protocol of analysis and public disclosure of the environmental impacts of proposed projects. It does not directly regulate land use but instead mandates that agencies adopt all feasible measures to mitigate those impacts.

The California Environmental Quality Act

CEQA requires state and local agencies in California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects. It also requires these agencies to adopt all feasible measures to mitigate those impacts. Essentially, CEQA makes environmental protection a mandatory part of every California state and local (public) agency's decision-making process.

The Act was designed to ensure that a project applicant—not the public—bears the costs of providing the necessary infrastructure to support a project. It also provides the public and decision-makers with “the big picture” and helps ensure that many small projects are not considered separately, only to overwhelm a community when taken as a whole.

CEQA provides a process through which public agencies, the public, and project developers can evaluate a project, understand its environmental impacts, and develop measures to reduce these impacts. CEQA applies to projects that may result in a change in the environment; a full environmental review is only required where the project could result in a significant adverse impact.

The CEQA process requires the public agency in charge of permitting the project, known as the “lead agency,” to conduct an environmental review. This review is pulled together in one document, either a negative declaration if no adverse impact is projected, or an environmental impact report. CEQA documents include information about the project, the areas where it may cause environmental impacts, whether the proposed project complies with applicable environmental laws and plans, and how the impacts can be avoided or mitigated.

The public is involved in CEQA at many stages. Public involvement starts during the scoping process, which is used to determine what environmental impacts will be studied and what type of environmental document will be needed. Next, there is a formal comment period after the initial environmental document is circulated. Finally, there are hearings, sometimes during and always after the public comment period. Ultimately, the decision remains with the agency on whether or not to permit a project; CEQA ensures that the agency understands the full impacts of the project and has mandated mitigation where feasible.

While CEQA has been praised for its role in protecting the environment, it has also been criticised for being abused (used for reasons other than environmental ones) to block, downsize, delay, or gain other concessions from new development. CEQA has even been used to block or delay projects that have positive environmental impacts, such as solar plants, wind turbines, bike lanes on pre-existing roads, and denser housing.

Public decision-making transparency

The California Environmental Quality Act (CEQA) was passed in 1970 to institute a statewide policy of environmental protection. CEQA requires state and local agencies to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects.

The CEQA process requires the public agency in charge of permitting the project, known as the "lead agency", to conduct an environmental review. This review is pulled together in one document, either a negative declaration if no adverse impact is projected, or an environmental impact report. CEQA documents include information about the project, the areas where it may cause environmental impacts, whether the proposed project complies with applicable environmental laws and plans, and how the impacts can be avoided or mitigated.

The public is involved in CEQA at many stages. Public involvement starts during the scoping process, which is used to determine what environmental impacts will be studied and what type of environmental document will be needed. Next, there is a formal comment period after the initial environmental document is circulated. Finally, there are hearings, sometimes during and always after the public comment period.

Ultimately, the decision remains with the agency on whether or not to permit a project. However, CEQA ensures that the agency understands the full impacts of the project and has mandated mitigation where feasible. CEQA is intentionally designed for broad public enforcement, and anyone who has an environmental concern with a project has the standing to bring a lawsuit if the legal violation they are alleging was raised during the administrative process.

CEQA has been criticised for being abused and used for reasons other than environmental ones to block or delay projects. However, there is no evidence that CEQA is used maliciously more than any other laws, or to any significant degree.

Environmental impact analysis

The California Environmental Quality Act (CEQA) was passed in 1970 and signed into law by then-governor Ronald Reagan. CEQA is a statute that does not directly regulate land use but instead requires state and local agencies to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects.

The lead agency must analyze project impacts on 18 different environmental resource factors, which are:

• Agriculture and Forestry Resources
• Biological Resources
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Population and Housing
• Tribal Cultural Resources
• Utilities and Service Systems
• Mandatory Findings of Significance

If a project is not expected to have adverse effects on the environment, the Commission may adopt a Negative Declaration or a Mitigated Negative Declaration. If it may, the Commission will prepare an Environmental Impact Report (EIR), which contains information on potential effects, measures to mitigate those effects, and an analysis of alternatives to the project.

A key feature of the CEQA review process is the opportunity for the public to provide input on Negative Declarations, Mitigated Negative Declarations, and EIRs.

CEQA lawsuits

The California Environmental Quality Act (CEQA) is a California statute that became law in 1970. CEQA plays a role in nearly all land use projects that public agencies in California consider, and as a result, lawsuits focused on CEQA compliance are one of the most common ways for project approvals to be challenged.

Anybody who has objected to a project and is adversely affected by the failure of an agency or project proponent to comply with CEQA can file a lawsuit challenging the approval of the project. This must be on grounds raised during the review, and the grounds must have been known. CEQA lawsuits are frequently used by groups that want to block a proposed project for reasons other than its environmental impacts.

• Require increased disclosure about environmental impacts of a project
• Require agencies to adopt alternatives and mitigation measures
• Require that a public agency adopt a statement of overriding considerations explaining why it is approving a project with significant and unavoidable impacts
• Block homeless shelters and affordable housing projects
• Block competition from other businesses
• Require projects to use union workers
• Block new bike lanes
• Block a new tenant (Planned Parenthood) from using an already constructed office building
• Block additional student housing at UC Berkeley
• Block the creation of 500 homes on a Nordstrom valet parking lot

A 2015 study by Jennifer Hernandez and others at the environmental and land-use law firm Holland & Knight found that less than 15% of CEQA lawsuits were filed by groups with prior records of environmental advocacy. An analysis from the Rose Foundation for Communities and the Environment found that, of more than 54,000 CEQA-reviewed projects from 2013 through 2015, just 0.7% faced litigation—an average of less than 100 proposed housing developments per year.

CEQA Reform

All governors since 1983, as well as current governor Gavin Newsom, have stated that CEQA needs to be reformed. However, there is no evidence that CEQA is used maliciously more than any other laws, or to any significant degree at all.

CEQA and economic growth

The California Environmental Quality Act (CEQA) was passed in 1970 and signed into law by then-governor Ronald Reagan. CEQA is a statute that does not directly regulate land use but instead requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects.

CEQA has been criticised for hindering economic growth in California. It has been described as a "villain in the state's housing crisis" and a tool used by citizens, labour unions, and business rivals to sue or threaten to sue, obstructing housing projects on thin environmental grounds. There are also concerns that CEQA has been used to block or delay projects that have positive environmental impacts, such as solar plants, wind turbines, bike lanes, and denser housing.

However, defenders of the act argue that CEQA has not unduly harmed the economy and that California has seen robust growth since its implementation. They argue that CEQA has ensured that growth has happened in a way that has limited impacts on air, water, open space, and other natural resources. Additionally, CEQA provides a process for public agencies, the public, and project developers to evaluate a project, understand its environmental impacts, and develop measures to reduce these impacts.

There have been calls for CEQA reform to address concerns about abuse and hindrance of economic growth. For example, there have been proposals to fast-track judicial CEQA review of housing projects and require plaintiffs to be identified when they sue.

Frequently asked questions