Best Discrimination Attorneys in Santa Rosa, CA

The California Environmental Quality Act, which became law in 1970, is a statute that requires state and local agencies to identify the environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. It is one of the most powerful environmental protection laws in the nation and was modeled after the federal National Environmental Policy Act.

Most proposals for physical development in California are subject to the provisions of CEQA, as are many discretionary governmental decisions that will eventually result in physical development (such as adoption of a general or specific plan). Some projects undertaken by a public agency are subject to CEQA. This includes projects undertaken by any state or local agency, any special district (e.g., a school district), and any public college or university. CEQA applies to discretionary projects. A discretionary project is one that requires a public agency to determine whether the project will be approved, or if a permit will be issued. Some common discretionary decisions include general plan amendments, rezones, conditional use permits, subdivision maps, and, in some jurisdictions, design review. Aside from decisions pertaining to a project that will have a direct physical impact on the environment, CEQA also applies to decisions that could lead to indirect impacts, such as making changes to local codes, policies, and general and specific plans.

When an initial study finds substantial evidence that a project may significantly impact the environment, CEQA requires that an EIR be prepared. The EIR is a detailed report that identifies the potentially significant environmental effects the project is likely to have; identifies feasible alternatives to the proposed project; and indicates the ways in which significant effects on the environment can be mitigated or avoided.

No. CEQA only applies to projects that require discretionary permits from a government agency. The agency must have some discretion that shapes how a project can be conducted for CEQA to apply, and the project must be one that could result in an adverse change to the environment.