Become a CEQA Advocate
The California Environmental Quality Act (CEQA) is a powerful tool that can be used by the public to enforce large project to consider the environmental impact. The process starts when a Public Agency recognizes a large project and determines that it could potentially have an environmental impact. The Agency then conducts a study determining whether the impact is significant or not. If the Agency finds a significant impact, it then files an Environmental Impact Report (EIR), outlining all of the impacts and possible alternatives to avoid them. If the Agency does not determine a significant environmental impact, it files a Negative Declaration. During both outcomes, the Agency notifies the public of its findings, which allows the public to submit comments. By actively participating in the public comment process, you can become a CEQA advocate and help encourage agencies to properly consider the environment.
You can read inspirational stories of other CEQA advocates in our report: Everyday Heroes Protect the Air We Breathe, the Water We Drink, and the Natural Areas We Prize.
How to be an effective CEQA advocate
Step 1. Understand the terms commonly used in CEQA documents
- CatEx – Categorical Exemption
- CEQA – California Environmental Quality Act
- DEIR – Draft Environmental Impact Report
- EIR – Environmental Impact Report
- MEIR – Master Environmental Impact Report
- MND – Mitigated Negative Declaration
- ND – Negative Declaration
- NOD – Notice of Determination
- NOE – Notice of Exemption
- NOP – Notice of Preparation
- OPR – Governor’s Office of Planning and Research
- RDEIR – Recirculated Draft Environmental Impact Report
- SLAPP – Strategic Lawsuits Against Public Participation
- SOC – Statement of Overriding Considerations
Step 2. Know what questions to ask when reviewing the EIR
- What are the projects significant unavoidable impacts?
- Do the alternatives addressed in the EIR deal with those impacts?
- What significance thresholds are used for each impact category?
- Do the significant thresholds reflect adopted local policies and/or criteria established by a regulatory agency?
- Does the EIR gauge potential impacts against existing physical conditions?
- Does the EIR address all of the environmental topics relevant to the proposed project?
- Does the technical information provided in the EIR support the document’s findings?
- Did the EIR include discussion of environmental issues raised during the scoping phase and in responses to the Notice of Preparation?
- Does the EIR adequately define the resources that might be impacted?
- Does the EIR provide a clear line of reasoning in its conclusions related to impacts, their level of significance or non-significance, and the level of mitigation that would be achieved by proposed mitigations measures?
- Does the EIR’s statement of project objective allow for a reasonable range of alternatives?
Environmental Impact Categories Include:
Aesthetics
- Consistency with the community’s design?
- Tree removal and aesthetic impacts? (e.g. is there a tree ordinance)
- Scenic vistas and resources?
- Night lighting?
- Visual character?
- Overall site quality?
Agricultural Resources
- Conflict with zoning or a Williamson Act contract?
- Conversion of farmland to non-farmland uses?
- Do changes lead to future farmland conversion?
Air Quality
- Greenhouse gas inventory?
- Air Quality Management Plan met?
- Emission of NOx, PM10, PM2.5?
- CO2 neutral?
- Dust/Diesel Impacts?
- Health Risk Assessment?
- Acute/Chronic Impacts?
Biological Resources
- Existing wildlife movement corridor?
- Endangered, threatened or species of special concern?
- Critical habitat?
- Sensitive habitat?
- Dept. of Fish and Game comments?
- Native American artifacts present?
- Are historic structures present?
- Does the site have value to Native American Councils?
- Native American Heritage Commission comments?
- Earthquake faults?
- Known/historic landslides?
- Potential location for liquefaction?
- Are landforms altered?
- Site contaminants?
- Exposure to regular pesticide use?
- Dept. of Toxic Substances Control cleanup?
- Water restrictions with drought?
- Reclaimed water system?
- Runoff Management Plan?
- Low Impact Development?
- Water supply assessment?
- Is the water neutral?
- General Plan consistency?
- Sustainable planning measures?
- Distance from services?
- Pre-wired/plumbed for solar?
- Any zoning changes?
- Loss of availability of known resources?
- Loss of availability of access to known mineral recovery?
- On-site noise levels?
- Community noise level standards in the general plan?
- Noise from construction?
- Sensitive receptors?
- Noise from daily operations?
- Meets Regional Housing Needs Assessment (RHNA) goals?
- Any Impact on local schools and community centers?
- is there a balance between jobs and housing?
- Increases the urban-wildland interface?
- Impacts to response times for emergency services?
- In-lieu fees?
- Availability of sewers, electricity, and utilities?
- Are recreational facilities included?
- Will recreational facilities be sufficient?
- Changes to the level of service, load, and capacity for existing roads?
- Additional traffic signals?
- Reduce the use of vehicular transportation?
- Transit Oriented Development?
- Underground electrical lines?
- Upgrade to sewer or water/wastewater lines?
- Opportunities for renewable power?
- ‘Cumulatively Considered’ impacts?
- Potential environmental degradation?
- Any potential impact on all species?
Step 4. How to write a thoughtful Public Comment
Become a Local Expert
Content of Comment
Structure of Comment
Comments should be structured in the standard introduction, body, conclusion format. Using this format will assist you, as well as your audience, organize your thoughts and follow along easily.
The introduction includes introducing yourself and introducing your position on the issue(s). The body of the comment is where you will explain your position using fact-based information from your research. If addressing multiple impact categories, separate these in different sections. In conclusion, you reiterate your position from the introduction as the take-home message. Use page references throughout the comment letter.
Presentation of Oral Comment
Items to Avoid
CEQA Notes:
How to Analyze a Negative Declaration
A Negative Declaration is Similar to an EIR but the agency makes a finding that there is no significant environmental impact. When reviewing a Negative Declaration, focus on the aspects of the project that the Agency had not focused on that have the potential to cause an environmental impact.
What to Do:
1) Review the Initial Study, the Negative Declaration, and any proposed mitigation measures.
2) Note any omissions or errors in these documents through written or oral comments submitted to the lead agency in the appropriate timeframe.
3) Justify your position with substantial evidence (e.g. contrary to substantial evidence that, despite revisions, the project may still have a significant adverse environmental effect).
When reviewing and commenting on the Initial Study:
- Is there substantial evidence to support the agency’s conclusions?
Did the Initial Study:
- Evaluate the entire project? (or is it being chopped into smaller pieces?)
- Describe the existing environmental setting?
- Calculate baseline conditions?
- Adequately address cumulative impacts?
- Determine whether the project would contribute directly or indirectly to the generation of new greenhouse gas emissions?
- Determine if the project would be a “catalyst” for future development?
When reviewing and commenting on the proposed mitigation measures:
- Is there substantial evidence supporting the claim that revisions have reduced or avoided potential significant impacts?
Links to CEQA Statutes and Cases
CEQA Statutes
CEQA Guidelines
Ethics & Values
