The Environment Consultant

Within the United States (U.S.), California has one of the most comprehensive and stringent environmental regulatory systems. While federal statutes like NEPA provide a baseline procedural framework, California law adds a layer of state-specific requirements that often go beyond federal standards, particularly in areas such as air quality, water resources, biodiversity, and land use planning.

California Environmental Quality Act

The foundation of California’s environmental framework is the California Environmental Quality Act (CEQA). CEQA functions similarly to NEPA but applies to state and local public agencies and to projects requiring state or local permits, funding, or approvals.

Unlike NEPA, CEQA explicitly requires the identification of significant environmental impacts, mitigation measures, and alternatives, and its analyses can have legal consequences if agencies fail to properly consider environmental effects before approving a project (similar to the EIA system worldwide).

Environmental documents under CEQA include:

• Negative Declaration (ND) / Mitigated ND (MND) – analogous to a federal Finding of No Significant Impact (FONSI), used when impacts are minor or mitigated to a less-than-significant level.
• Environmental Impact Report (EIR) – comparable to a federal EIS, required when a project may result in significant environmental effects.

CEQA also mandates public notice, comment periods, and responses to comments, similar to NEPA, but with state-specific procedural requirements and local agency compliance oversight.

State Agencies and Media-Specific Regulations

California enforces environmental protection through a combination of state-level “media-specific” agencies and laws, some of which mirror federal programs but often impose stricter standards:

• California Air Resources Board (CARB) – sets statewide air quality standards, vehicle emissions limits, and climate policies (e.g., cap-and-trade programs).
• State Water Resources Control Board (SWRCB) – manages water quality, wastewater discharges, and water rights.
• California Department of Fish and Wildlife (CDFW) – implements the state Endangered Species Act and oversees fish, wildlife, and habitat conservation.
• California Office of Historic Preservation (OHP) – coordinates with agencies to protect cultural and historical resources, complementing federal NHPA reviews.

State permits and approvals are issued alongside or in coordination with federal permits, often relying on CEQA analyses to demonstrate environmental compliance. In practice, CEQA documentation is used by both lead agencies and regulatory authorities to guide project design, mitigation, and permit issuance.

Integration with Federal NEPA Reviews

For projects involving federal actions or funding, California agencies often prepare a “joint NEPA/CEQA” review to streamline decision-making. In these cases:

• CEQA and NEPA documents may be consolidated or cross-referenced to avoid duplication.
• Both federal and state standards must be met, with the stricter standard generally prevailing.
• Public review, agency consultation, and mitigation planning must satisfy both NEPA and CEQA procedural requirements.

What to Remember:

• California law complements and often strengthens the federal environmental regulatory framework.
• CEQA provides procedural and substantive requirements for assessing environmental consequences, public participation, and mitigation that exceed NEPA in scope for state and local actions.
• State environmental agencies issue permits and approvals, using CEQA and media-specific statutes as the primary reference.
• For federally involved projects, coordination between NEPA and CEQA reviews ensures compliance with both state and federal requirements while avoiding unnecessary duplication.