Environmental Engineering Reference
In-Depth Information
analysis than in other programs because development of alternatives can
follow determination of impacts and focuses on ways to avoid or minimize
impacts identified for the proposed action. Similarly, if the approved action
is predicted to result in adverse impacts, there is a requirement that mitiga-
tion must not only be evaluated but imposed on the proposed action. The
lead agency can impose restrictions on any area of impact, but responsible
agencies are restricted in imposing limitations to areas directly under their
jurisdiction. There are exceptions based on the practicality of the other alter-
natives and mitigation measures, but legislative history has placed a heavy
burden on lead agencies to select the alternative with the least impact and
impose stringent impact mitigation. If the lead agency approves a project
that will result in significant environmental impacts, it must be accompanied
by a written statement specifying the rationale for approval and supporting
the decision by substantial evidence. The courts have placed a heavy burden
on the agencies to satisfy this condition of approval.
This mandate for the alternative with least impact and significant mitiga-
tion except in extreme circumstances has produced a much more command-
and-control approach to environmental sustainability than experienced in
other jurisdictions. This in turn has created on occasions both a high degree
of environmental sustainability and significant opposition to the regulations.
There is currently a move in the California legislature to “streamline” the
regulations, which environmental advocacy groups interpret as weakening
the protection provided by CEQA. In light of the 2008 economic downturn,
new procedures were enacted to lessen CEQA requirements for projects that
generated significant economic stimulus and associated employment as long
as specific thresholds are satisfied.
CEQA also contains a provision that somewhat narrows the scope of envi-
ronmental review compared with other programs. The California environ-
mental regulations only apply to “physical alteration” of environmental
resources, thus excluding social and economic conditions. This provision has
the greatest influence when the lead agency reaches a conclusion as to sig-
nificant impact and issuance of a negative determination. If changes in social
or economic conditions could generate secondary impacts causing physical
alteration (such as development pressures encroaching on environmentally
sensitive open space), they can be considered by the lead agency in making a
decision regarding significant impact.
Not only does CEQA require mitigation of significant impacts as discussed
earlier, it mandates a monitoring or similar program to ensure that the mea-
sures are effective. The EIR and associated notice of determination must not
only identify the mandatory monitoring program but specify that issuance of
any environmental approval or permit must include the monitoring require-
ment. Many other comprehensive environmental programs accomplish the
same objective with the integration of analysis and permits (see Chapter 9),
but CEQA institutionalizes the process and ensures that commitments made
to placate the opposition during the analysis phase are realized.
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