California Environmental Quality Act (CEQA)

When does CEQA apply?

CEQA starts with a public agency decision, not simply a private property purchase or business activity. It generally applies to discretionary agency actions involving a project that may cause a direct or reasonably foreseeable indirect physical change in the environment. Ministerial actions generally fall outside CEQA, and qualifying projects may be exempt.

A private applicant may encounter CEQA when seeking a conditional use permit, subdivision approval, or another discretionary entitlement. The lead agency determines whether an exemption applies and what level of environmental review the project requires. A property transaction by itself does not automatically trigger CEQA.

Exemptions, negative declarations, and EIRs

The appropriate review depends on the project and its potential effects. A negative declaration is appropriate when there is no substantial evidence that the project may have a significant environmental effect. A mitigated negative declaration may be appropriate when project revisions or mitigation reduce potential impacts below significance and the applicable legal requirements are met.

An environmental impact report (EIR) provides fuller analysis of potentially significant effects, alternatives, and mitigation. Public comments, technical studies, agency findings, and responses become part of the administrative record. The governing standards matter: applicants should not assume that any particular document will be adequate simply because it is less expensive or faster to prepare.

CEQA can affect whether, when, and how a project proceeds. Applicants often provide technical studies, revise designs, fund review, respond to comments, and implement mitigation as conditions of approval.

Contaminated property presents separate obligations

A redevelopment may require analysis of hazardous materials, soil contamination, vapor intrusion, groundwater dewatering, stormwater, and construction impacts. CEQA can connect these conditions with design changes and mitigation measures.

CEQA mitigation is not the same as an independent duty to investigate or clean up contamination. An agency overseeing cleanup may impose obligations under other laws even when a project is exempt from CEQA. Conversely, a development approval may need to address contamination even though another agency oversees the cleanup.

For a brownfield redevelopment, coordinate cleanup commitments with the proposed use, environmental review, and land use approvals. Our development and redevelopment guidance addresses this intersection.

Build a record that explains the approval

CEQA challenges often focus on the adequacy of the administrative record and whether the agency followed the law. Studies and findings should explain the environmental setting, impact analysis, alternatives, mitigation, and reasons for the decision.

Mitigation measures should identify the work required, applicable performance standards, deadlines, and responsibility for implementation and monitoring. Vague commitments may not resolve an identified significant impact. Keep track of public review periods, agency communications, approvals, and outstanding conditions; environmental review and litigation deadlines can be short.

The Governor’s Office of Land Use and Climate Innovation provides CEQA guidance. Depending on the issues, Water Boards, DTSC, wildlife agencies, air districts, and local planning departments may provide input or require separate permits. Their participation does not make every agency the lead agency.

Questions about CEQA