The California Environmental Quality Act (CEQA) is the most extensive environmental regulation in the state of California. CEQA requires all state and local agencies to consider environmental protection as part of its analysis in approving various activities.
CEQA is primarily responsible for providing public disclosures regarding the environmental impact of discretionary projects and introducing alternatives to alleviate environmental damage. The environmental impact report (EIR) is the cornerstone of CEQA’s role. This report serves to notify and educate governmental agencies and the general public about the environmental consequences of a project. The EIR offers options to mitigate any environmentally harmful effects, including cancelling the project altogether or replacing it with a more sound alternative.
CEQA was originally intended to cover only public projects. However, the California Supreme Court later interpreted the governing statute to apply to nearly all proposals within the state including those undertaken by private businesses. CEQA is applicable to private projects that require some kind of government permit. In a victory for private real estate developers, over 30 categorical exemptions were adopted for classes of projects found not to have significant detrimental effects in an important Supreme Court decision in Berkeley Hill Preservation v. City of Berkeley. Some of these exemptions include land divisions in urbanized areas, restricted construction of small facilities and certain limited alterations to land.
As one of California’s most heavily litigated statutes, land and real estate developers should consider how CEQA affects their expansion plans and the best methods for addressing, and possibly remediating or mitigating environmental issues that might be deemed problematic.
Shane Coons can advise you on assessing the role of CEQA on your real estate projects. Contact him at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about CEQA.