CALIFORNIA ENVIRONMENTAL QUALITY ACT
Following are some clipped passages from California law that may provide some guidance on the need for a new Environmental Impact Report
since the news revelations about strontium-90 in Runkle Canyon show that the one the City approved is clearly faulty and inaccurate.
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art1.html
Title 14. California Code of Regulations
Chapter 3. Guidelines for Implementation of the
California Environmental Quality Act
Article 1. General
Sections 15000 to 15007
15003. Policies:
(i) CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. A
court does not pass upon the correctness of an EIR's environmental conclusions, but only determines if the EIR is sufficient as an informational
document. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692)
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art13.html
Article 13. Review and Evaluation of EIRs and Negative Declarations
Sections 15200 to 15209
15200. Purposes of Review
The purposes of review of EIRs and Negative Declarations include:
(a) Sharing expertise,
(b) Disclosing agency analyses,
(c) Checking for accuracy,
(d) Detecting omissions,
(e) Discovering public concerns, and
(f) Soliciting counter proposals.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21000, 21108, and 21152, Public Resources
Code; Environmental Defense Fund v. Coastside County Water District, (1972) 27 Cal. App. 3d 695; County of Inyo v. City of Los Angeles,
(1977) 71 Cal. App. 3d 185.
Discussion: This interpretation of the purposes of review is added to show the different purposes which review serves.
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art15.html
THE RESPONSIBLE AGENCY IS RESPONSIBLE
15231. Adequacy of EIR or Negative Declaration for Use By Responsible Agencies
A final EIR prepared by a Lead Agency or a Negative Declaration adopted by a Lead Agency shall be conclusively presumed to comply with
CEQA for purposes of use by Responsible Agencies which were consulted pursuant to sections 15072 or 15082 unless one of the following
conditions occurs:
(a) The EIR or Negative Declaration is finally adjudged in a legal proceeding not to comply with the requirements of CEQA, or
(b) A subsequent EIR is made necessary by Section 15162 of these Guidelines.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21080.1, 21166, 21167.2, and 21167.3, Public
Resources Code.
Discussion: This section is added to clarify the ways in which a Responsible Agency is affected by litigation involving the adequacy of
environmental documents prepared by the Lead Agency. This section implements CEQA Section 21167.2 but provides additional interpretation.
This Guideline section limits the conclusive presumption that an EIR complies with CEQA to situations where the Lead Agency consulted with the
Responsible Agency. The statutory presumption was based on the idea that the Responsible Agency had been consulted and had an
opportunity to make its views known to the Lead Agency.
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art20.html
15358. Effects
"Effects" and "impacts" as used in these Guidelines are synonymous.
(a) Effects include:
(1) Direct or primary effects which are caused by the project and occur at the same time and place.
(2) Indirect or secondary effects which are caused by the project and are later in time or farther removed in distance, but are still reasonably
foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattern of
land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems.
15381. Responsible Agency
"Responsible Agency" means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has
prepared an EIR or Negative Declaration. For the purposes of CEQA, the term "Responsible Agency" includes all public agencies other than the
Lead Agency which have discretionary approval power over the project.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4,
21167.2, and 21167.3, Public Resources Code.
Discussion: This section provides explanation of the term "Responsible Agency".
15382. Significant Effect on the Environment
"Significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within
the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.
An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a
physical change may be considered in determining whether the physical change is significant.
15384. Substantial Evidence
(a) "Substantial evidence" as used in these guidelines means enough relevant information and reasonable inferences from this information that
a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be
made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead
agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or
economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence.
(b) Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
Following are some clipped passages from California law that may provide some guidance on the need for a new Environmental Impact Report
since the news revelations about strontium-90 in Runkle Canyon show that the one the City approved is clearly faulty and inaccurate.
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art1.html
Title 14. California Code of Regulations
Chapter 3. Guidelines for Implementation of the
California Environmental Quality Act
Article 1. General
Sections 15000 to 15007
15003. Policies:
(i) CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. A
court does not pass upon the correctness of an EIR's environmental conclusions, but only determines if the EIR is sufficient as an informational
document. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692)
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art13.html
Article 13. Review and Evaluation of EIRs and Negative Declarations
Sections 15200 to 15209
15200. Purposes of Review
The purposes of review of EIRs and Negative Declarations include:
(a) Sharing expertise,
(b) Disclosing agency analyses,
(c) Checking for accuracy,
(d) Detecting omissions,
(e) Discovering public concerns, and
(f) Soliciting counter proposals.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21000, 21108, and 21152, Public Resources
Code; Environmental Defense Fund v. Coastside County Water District, (1972) 27 Cal. App. 3d 695; County of Inyo v. City of Los Angeles,
(1977) 71 Cal. App. 3d 185.
Discussion: This interpretation of the purposes of review is added to show the different purposes which review serves.
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art15.html
THE RESPONSIBLE AGENCY IS RESPONSIBLE
15231. Adequacy of EIR or Negative Declaration for Use By Responsible Agencies
A final EIR prepared by a Lead Agency or a Negative Declaration adopted by a Lead Agency shall be conclusively presumed to comply with
CEQA for purposes of use by Responsible Agencies which were consulted pursuant to sections 15072 or 15082 unless one of the following
conditions occurs:
(a) The EIR or Negative Declaration is finally adjudged in a legal proceeding not to comply with the requirements of CEQA, or
(b) A subsequent EIR is made necessary by Section 15162 of these Guidelines.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21080.1, 21166, 21167.2, and 21167.3, Public
Resources Code.
Discussion: This section is added to clarify the ways in which a Responsible Agency is affected by litigation involving the adequacy of
environmental documents prepared by the Lead Agency. This section implements CEQA Section 21167.2 but provides additional interpretation.
This Guideline section limits the conclusive presumption that an EIR complies with CEQA to situations where the Lead Agency consulted with the
Responsible Agency. The statutory presumption was based on the idea that the Responsible Agency had been consulted and had an
opportunity to make its views known to the Lead Agency.
http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art20.html
15358. Effects
"Effects" and "impacts" as used in these Guidelines are synonymous.
(a) Effects include:
(1) Direct or primary effects which are caused by the project and occur at the same time and place.
(2) Indirect or secondary effects which are caused by the project and are later in time or farther removed in distance, but are still reasonably
foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattern of
land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems.
15381. Responsible Agency
"Responsible Agency" means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has
prepared an EIR or Negative Declaration. For the purposes of CEQA, the term "Responsible Agency" includes all public agencies other than the
Lead Agency which have discretionary approval power over the project.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4,
21167.2, and 21167.3, Public Resources Code.
Discussion: This section provides explanation of the term "Responsible Agency".
15382. Significant Effect on the Environment
"Significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within
the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.
An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a
physical change may be considered in determining whether the physical change is significant.
15384. Substantial Evidence
(a) "Substantial evidence" as used in these guidelines means enough relevant information and reasonable inferences from this information that
a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be
made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead
agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or
economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence.
(b) Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
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