California Environmental Quality Act
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| California Environmental Quality Act | |
|---|---|
 Original uploader was Zscout370 at en.wikipedia · Public domain · source | |
| Name | California Environmental Quality Act |
| Enacted by | California State Legislature |
| Citation | Public Resources Code § 21000 et seq. |
| Signed by | Jerry Brown |
| Related legislation | National Environmental Policy Act, Endangered Species Act, Clean Air Act, Clean Water Act |
California Environmental Quality Act The California Environmental Quality Act (CEQA) is a state statute requiring California State Legislature-mandated environmental review for discretionary projects across California. CEQA's procedural mandates interact with National Environmental Policy Act, Endangered Species Act, Clean Air Act, Clean Water Act, California Coastal Act, and precedent from the California Supreme Court and federal courts. CEQA influences planning by California Coastal Commission, Los Angeles County Metropolitan Transportation Authority, San Francisco Planning Department, California Department of Transportation, and local city councils such as City of Los Angeles City Council and San Diego City Council.
Overview
CEQA requires public agencies including the California Department of Fish and Wildlife, California Air Resources Board, California Department of Transportation, San Francisco Bay Conservation and Development Commission, and county boards like Los Angeles County Board of Supervisors to evaluate environmental impacts before approving projects. The statute generates environmental impact statements-style documents known as environmental impact reports prepared by consultants from firms advising entities like AECOM, Jacobs Engineering Group, Environmental Science Associates, and nonprofits such as Natural Resources Defense Council and Sierra Club. CEQA reviews address resources protected under laws like the Federal Endangered Species Act, California Endangered Species Act, and policies of agencies such as the United States Fish and Wildlife Service and National Marine Fisheries Service.
History and Legislative Development
CEQA was enacted by the California State Legislature in 1970 amid contemporaneous passage of National Environmental Policy Act federal laws and statewide initiatives like the California Coastal Initiative. Important legislative milestones include amendments by the California Legislature in the 1970s, 1980s, and 1990s influenced by figures and entities such as Governor Ronald Reagan, Governor Jerry Brown, Governor Gray Davis, and interest groups including the Howard Jarvis Taxpayers Association. Judicial development occurred through decisions by the California Supreme Court, California Courts of Appeal, and federal appellate courts including the Ninth Circuit Court of Appeals. Legislative responses often followed rulings involving parties like Friends of the Earth, Sierra Club, Save San Francisco Bay Association, and local governments including City of Berkeley and County of Orange.
Key Provisions and Requirements
CEQA requires that lead agencies prepare either a categorical exemption, negative declaration, or environmental impact report for projects undertaken by entities such as California Department of Transportation, Metropolitan Transportation Commission, Port of Los Angeles, Port of Oakland, and municipal utilities like Los Angeles Department of Water and Power. Environmental impact reports must analyze impacts on resources protected by statutes and agencies including California Coastal Commission, California Air Resources Board, California Department of Fish and Wildlife, and consider mitigations guided by regulations from the California Office of Planning and Research. CEQA procedural tools include public notices, scoping meetings, and administrative records used in litigation by petitioners like Earthjustice and represented by attorneys from firms such as Public Advocates (nonprofit).
Implementation and Administration
CEQA is implemented by lead agencies ranging from the City of San Diego planning departments to state agencies including the California High-Speed Rail Authority, California State Parks, and the California Public Utilities Commission. Consulting and review often involve contractors like ICF International and Stantec, with public participation facilitated by organizations such as 350.org and Planning and Conservation League. Administrative guidance is provided by the California Governor's Office of Planning and Research, and enforcement actions are litigated in courts including the California Superior Court and U.S. District Court for the Northern District of California.
Exemptions and Categorical Exclusions
CEQA includes statutory exemptions and categorical exemptions applied by agencies like the California Department of Forestry and Fire Protection and municipalities including City of Sacramento. Exclusions arise in contexts governed by statutes such as the State Water Resources Control Board rules, programs by the Bay Area Air Quality Management District, and ministerial approvals for projects handled by entities like Los Angeles Department of Building and Safety. Debates over exemptions have involved lawmakers in the California State Assembly and California State Senate, and stakeholders including California Chamber of Commerce and environmental NGOs like Californians for Alternatives to Toxics.
Legal Challenges and Case Law
CEQA litigation has generated landmark decisions from the California Supreme Court in cases involving parties such as Friends of Mammoth, Save the Plastic Bag Coalition, and Communities for a Better Environment. The Ninth Circuit Court of Appeals and various California Courts of Appeal have resolved disputes concerning environmental review for projects by California High-Speed Rail Authority, Los Angeles International Airport, Chevron Corporation refineries, and renewable projects by firms like NextEra Energy. Prominent litigants include Sierra Club, Center for Biological Diversity, Earthjustice, and governmental petitioners such as the City of San Jose.
Impacts and Criticisms
CEQA has shaped land use and infrastructure outcomes across regions including Los Angeles County, San Francisco Bay Area, Sacramento County, San Diego County, and Ventura County. Advocates like Natural Resources Defense Council credit CEQA with protecting habitats such as San Francisco Bay wetlands and species under Endangered Species Act listings. Critics including the California Business Roundtable and developers represented by groups like the California Building Industry Association argue CEQA can be used for project delay and litigation, affecting projects by BART, Caltrans, and private developers like Walt Disney Company and Apple Inc.. Policy reform debates in the California Legislature involve coalition members from League of California Cities, labor unions such as the International Brotherhood of Electrical Workers, and climate organizations like the Union of Concerned Scientists.