Yes, they may at first glance appear tedious or confusing at best and terrifying at worst, but those piles of bound paper and thickets of jargon need not send you screaming from the room and abandoning all hopes of carving your way through the forest of print - along with your hopes of protecting your community.  Those documents can be very informative and generally follow a standard format that, once you understand its structure, is not so complicated.  A great deal of that paper poundage is either repetitious or not that relevant to your concerns.  Once you understand the process and the format, you’ll be able to move quickly and easily to the parts that matter, every time.

Table of Contents:

NEPA and CEQA:  Your Environmental Full-Disclosure Laws

CEQA (the California Environmental Quality Act – a state regulation) and NEPA (the National Environmental Policy Act – a federal regulation) were created to provide you, the citizen, as well as government officials with an opportunity to understand and act upon the potential environmental impacts of certain projects. 

NEPA and CEQA have many similarities.  In an article no longer available on the Internet, Freeman/Shigley/Fulton describe CEQA this way:

Passed in 1970, CEQA was not designed primarily as a land use planning law. Rather, it is like a Sunshine Law for the environment. Its intent is not to commandeer local authority. It functions as a "full disclosure" law that seeks to:

• Inform decision-makers about significant environmental effects
• Identify ways environmental damage can be avoided
• Prevent avoidable environmental damage
• Disclose to the public why a project is approved, even if it will cause environmental damage

CEQA lays out a process but does not dictate an outcome or even specify alternatives. It simply prompts full disclosure of environmental impacts and enables debate in a public forum before decisions are made….Because its procedural requirements are broad and no state agency possesses the authority to enforce it, CEQA is subject to enforcement through citizen litigation-just like the general plan law.

The Basic Process

Both NEPA and CEQA follow a predictable process that is not so complex in its broad outlines and results in the production of specific documents and findings.  You’ll find the terms specific to each law below, but with some variation the general process goes thusly: 

• When a new Project has been proposed, both NEPA and CEQA require that it be evaluated by the Lead Agency (county, town, BLM, etc.) to see if either law applies to the Project or if it is for some reason Exempt. 
• If it’s found that one or both regulations do apply, then the Project is put through an initial assessment (usually a type of checklist) by the Lead Agency to see if there are potential environmental impacts. 
• If no such significant potential impacts are found, that finding is published by the Lead Agency, the process is ended, and the Project may move ahead. 
• If, on the other hand, significant potential impacts are found, a full environmental analysis and review is necessary and a notice of this will be published.
• First in this review comes a scoping period, which  allows public input on what issues and information should be considered during the environmental review. 
• The analysis then is performed and is published in first a draft and then a final form.  (This is the dreaded Draft and Final Environmental Impact Report [state] or Study [federal].)  The public again has an opportunity to comment following the publication of each of these stages.
• Finally, the Lead Agency has a public hearing and makes a finding as to the adequacy of the process and documentation, a plan to mitigate any unavoidable environmental impacts, and a statement of “overriding considerations” that declares why any unavoidable impacts that cannot be mitigated will nevertheless be overlooked.  If they desire they then certify the documents and the Project moves ahead.
• At that point, citizens who are not satisfied that the process or the findings are adequate have a brief period in which they may file suit against the Lead Agency, seeking to overturn the certification of the process.  They may also bring suit if the initial assessment results in a finding of No Impacts and the citizen disagrees.  Remember, bringing suit is the only way to “enforce” CEQA; there is no “authority” looking over the process or the outcome.
• This Sierra Club guide is specific to CEQA but can also apply in many ways to NEPA and has very helpful tips on how to participate effectively in the process, including what to look for and how to comment.

 FEDERAL:
The National Environmental Protection Act produces the
Environmental Impact Study (EIS) 

STATE:
The California Environmental Quality Act produces the
Environmental Impact Report (EIR).

These two laws are often applicable to a single project and result in a combined Environmental Impact Report/Study (EIR/EIS).

COMBINED:
These two laws are often applicable to a single project and result in a combined Environmental Impact Report/Study (EIR/EIS).

The Humboldt State University Library links to many CEQA resources and provides the following summary of the CEQA process and terminology:

“As an initial step in the process an Initial Study may be prepared that determines whether a full environmental review is needed or just a Negative Declaration which indicates that there will be no adverse effects on the environment. If the initial report determines that there will be a significant impact a Draft Environmental Impact Report (EIR) is prepared and made available to the public and other agencies for review and comment. This is subsequently followed by a Final Environmental Impact Report (EIR). The final EIR does not supercede the draft EIR because the final version typically cites information included in the draft. The final step in the process is the filing of a Notice of Determination (NOD).”

CEQA LINKS:

• A Citizen’s Guide to Planning – CEQA Section:  A brief general overview of the CEQA process.
• Flow chart of the CEQA process.
• Working with CEQA:  A detailed and very helpful Sierra Club guide that breaks the process down and shows the citizen what to look for as well as what to watch out for.  Formats and strategies for presenting comments are included.
• California Environmental Quality Act:   Resource for full statutes.  Look here for the full text of CEQA, as well as the latest update to the Guidelines, which are regulations that explain and interpret CEQA and judicial decisions on CEQA.  There are also very useful FAQs, a flow sheet, Threshholds of Significance, and other useful info. 

NEPA – The National Environmental Policy Act

The Humboldt State University Library links to many NEPA resources and provides the following summary of the NEPA process and terminology:

“As an initial step in the environmental review process an Environmental Assessment may be prepared that determines whether a full environmental review is needed or just a Finding of No Significant Impact (FONSI) which indicates that there will be no adverse effects on the environment. If the initial review determines that there will be a significant impact a Draft Environmental Impact Statement (EIS) is prepared and made available to the public and other agencies for review and comment. This is subsequently followed by a Final Environmental Impact Statement. The final EIS does not supercede the draft EIS because the final version typically cites information included in the draft. The final step in the process is the filing of a Record of Decision (ROD).”

NEPA LINKS:

• Frequently Asked Questions about NEPA:  On the U.S. Environmental Protection Agency’s Website.
• Flow chart of the NEPA process.
• NEPA and You Brochure (pdf):  “National Environmental Policy Act (NEPA), one of the first environmental laws ever written, requires federal agencies to consider the environmental impacts of proposed federal projects which could significantly affect the environment.
• A Citizen's Guide to the NEPA--Having Your Voice Heard (pdf):  “The newly available guide explains the National Environmental Policy Act (NEPA), and how it is implemented, as well as how people outside the Federal government--individual citizens, private sector permit applicants, members of organized groups, and representatives of Tribal, State, or local governments--can better participate in the Federal environmental impact assessment process.”
• Council on Environmental Quality NEPA publications and links
• National Environmental Policy Act:  Full statute.

Anatomy of an Environmental Impact Document

The titles may not be exactly these, but following are components that are mandatory for or typical of an EIR or EIS.  If any of this is missing or inadequate, you should ask why!   

• Executive Summary
• Introduction (including Project Purpose, Need, and Description)
• Alternatives, including the proposed Action
• Affected Environment
• Environmental Consequences
• Other Considerations:  Cumulative Impacts; Growth Inducement; Significant Irreversible and Irretrievable Commitment of Resources; Short-Term Use versus Long-Term Productivity
• Consultation/Coordination
• List of Preparers
• Bibliography/References
• Glossary and Index
• Comments (in Final)
• Monitoring, Mitigation, and Reporting Program (in Final)
• Technical Appendices

Reading an EIR or EIS 

An EIR/EIS will always include a Draft form followed by a Final form.  There may be several volumes of each, to include Comments, Appendices, or Mitigation Program separately.  There may also be a Supplemental issued.

Always leaf through the document first and get an idea of its lay-out.  Then read the Summary for the overview.  The Introduction should describe the Project and its purpose and why it’s needed.  The Alternatives should “identify and evaluate a reasonable range of alternatives capable of eliminating one or more of the significant impacts of the project” (Sierra Club).  The Affected Environment describes the various environmental components (air quality, water, cultural resources, etc.) as they are now, before any Project has occurred.  The Environmental Consequences reviews what can be expected to happen to those environmental components under each of the Project Alternatives.  The Other Considerations look at some of the larger contextual factors, including other projects proposed in the area. Consultation/Coordination will detail the public involvement and other agencies involved.  The List of Preparers gives the names of persons involved in the research and creation of the documents. The Bibliography, etc., is self-explanatory.  Comments (oral, written, or electronic) that were submitted by the public and other interested parties during the process become part of the record and MUST be included in the Final.  The Monitoring, Mitigation, and Reporting Program requirements differ between CEQA and NEPA.  Technical Appendices may be extensive but they must be made available for your review if you so request.

Where to View Environmental Documents

You may request that copies be sent to you of documents generated by the review process.  These are now usually electronic, rather than paper, although you usually can request paper if you prefer.  More and more often these documents are made available on agency Websites.  There must be a copy available for viewing at the offices of the Lead Agency, and they are also frequently available in libraries local to the proposed Project.  The Lead Agency legally must publish where the documents may be viewed publicly.