Misplaced Pages

#565434

129-647: The California Environmental Quality Act ( CEQA / ˈ s iː . k w ə / ) is a California statute passed in 1970 and signed in to law by then-governor Ronald Reagan , shortly after the United States federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection. CEQA does not directly regulate land uses, but instead requires state and local agencies within California to follow

258-485: A 2001 survey, however, few agencies have actually developed thresholds of significance. The survey's analysts wondered, "if most agencies are not developing thresholds and publishing them for public review, then what criteria are they using?". In absence of thresholds of significance developed independently by lead agencies, impact assessments apply the significant criteria detailed in Appendix G, Environmental Checklist, of

387-468: A Caliph) on their way to Guerrero, Mexico where they played a future role in the wars of independence . Sebastián Vizcaíno explored and mapped the coast of California in 1602 for New Spain , putting ashore in Monterey . Despite the on-the-ground explorations of California in the 16th century, Rodríguez's idea of California as an island persisted. Such depictions appeared on many European maps well into

516-633: A Notice of Determination (NOD) after adopting the document with a 30-day statute of limitations for legal challenge. If the lead agency is presented with a fair argument that shows substantial evidence of the project having a significant environmental impact after mitigation measures are exhausted, the lead agency is required to prepare an Environmental Impact Report. Thus, in essence, an ND/MND may only be used to satisfy CEQA requirements for projects with no significant unmitigated adverse environmental impacts (ND) or for which all potentially significant adverse impacts have been "avoided, reduced or minimized" to below

645-405: A Notice of Exemption (NOE) to trigger a 35-day statute of limitations period for legal challenge or, if no NOE is filed, a 180-day statute of limitations applies. After the initial study is completed, the lead agency can then determine if the project could have a significant impact on the environment. The lead agency must propose mitigation measures to reduce any impacts to less than significant "to

774-459: A Spanish navigator." The name most likely derived from the mythical island of California in the fictional story of Queen Calafia , as recorded in a 1510 work The Adventures of Esplandián by Garci Rodríguez de Montalvo . Queen Calafia's kingdom was said to be a remote land rich in gold and pearls, inhabited by beautiful Black women who wore gold armor and lived like Amazons , as well as griffins and other strange beasts. Abbreviations of

903-575: A commodity until the 1849 California Gold Rush . From the 1820s, trappers and settlers from the United States and Canada began to arrive in Northern California. These new arrivals used the Siskiyou Trail , California Trail , Oregon Trail and Old Spanish Trail to cross the rugged mountains and harsh deserts in and surrounding California. The early government of the newly independent Mexico

1032-473: A departure from other states, in 1972 state courts interpreted a "public" project as any development that needed government approval. As of 2021, this application of the law is unique to California. By 2021, the CEQA guidelines, which explain how CEQA reviews must be handled, had grown from an initial 10 page checklist to over 500 pages, including issues such as aesthetics. NEPA, a United States federal statute passed

1161-520: A discretionary government permit or other entitlement for use is necessary. If a project is not exempt from CEQA, a lead agency can conduct an initial study to preliminarily assess project impacts. Appendix G of the CEQA Guidelines lists types of environmental impacts to consider in checklist form. This initial study guides the lead agency to prepare either a negative declaration, mitigated negative declaration, or environmental impact report depending on

1290-466: A federal agency would be exempt from NEPA, but would likely be subject to CEQA. The environmental impact statement (EIS) required under NEPA and the EIR required under CEQA are similar documents, yet have some crucial differences. For example, under NEPA, an agency can list all reasonable alternatives and their impacts, then choose their preferred project without regard to the severity of its impacts, even if it

1419-560: A free state, the "loitering or orphaned Indians", were de facto enslaved by their new Anglo-American masters under the 1850 Act for the Government and Protection of Indians . One of these de facto slave auctions was approved by the Los Angeles City Council and occurred for nearly twenty years. There were many massacres in which hundreds of indigenous people were killed by settlers for their land. Between 1850 and 1860,

SECTION 10

#1732844334566

1548-444: A lead agency discretion to determine which type of analysis approach to utilize for a given project level GHG analysis: "(1) Use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use. The lead agency has discretion to select the model or methodology it considers most appropriate provided it supports its decision with substantial evidence. The lead agency should explain

1677-468: A major federal project, or project using federal funds is seeking approval in California, its lead agency must prepare both an EIS and an EIR, but both can be combined into one document (since the EIS and EIR have the same elements for the most part). Said document, however, must be processed through both the CEQA and NEPA approval steps. The CEQA statute, California Public Resources Code § 21000 et seq. , codifies

1806-624: A modest home which in the 1960s cost $ 25,000 would cost half a million dollars or more in urban areas by 2005. More people commuted longer hours to afford a home in more rural areas while earning larger salaries in the urban areas. Speculators bought houses, expecting to make a huge profit in months, then rolling it over by buying more properties. Mortgage companies were compliant, as people assumed prices would keep rising. The bubble burst in 2007–8 as prices began to crash. Hundreds of billions in property values vanished and foreclosures soared, as financial institutions and investors were badly hurt. In

1935-410: A part of Mexico. In 1846, the total settler population of the western part of the old Alta California had been estimated to be no more than 8,000, plus about 100,000 Native Americans, down from about 300,000 before Hispanic settlement in 1769. In 1848, only one week before the official American annexation of the area, gold was discovered in California, this being an event which was to forever alter both

2064-547: A protocol of analysis and public disclosure of environmental impacts of proposed projects and, in a departure from NEPA, adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local (public) agency's decision making process. In 1972, the California Supreme Court broadened CEQA by interpreting a "public" project as any development that needed government approval. Since then, CEQA has become

2193-428: A qualified GHG Reduction Strategy that is consistent with AB 32. This strategy can be incorporated into the lead agency's general plan or programmatic level policy for assessing GHG emissions. The strategy involves assessing "business as usual" current and forecasted emissions to calculate a baseline for reduction. The lead agency then proposes measures to reduce those emissions to meet AB 32 expectations. BAAQMD recommends

2322-613: A qualified greenhouse gas reduction strategy. The BAAQMD has not established construction related emissions thresholds, deferring this responsibility to the CEQA lead agency. Chapter 8.2 of the BAAQMD Air Quality Guidelines recommends lead agencies quantify construction emissions and assess if they conflict with AB 32 goals. BAAQMD also recommends using URBEMIS air modeling software to calculate GHG emissions on land use changing projects, and RoadMod software for linear projects. BAAQMD recommends analysis of operational emissions in

2451-721: A short break in 1862 when legislative sessions were held in San Francisco due to flooding in Sacramento . Once the state's Constitutional Convention had finalized its state constitution, it applied to the U.S. Congress for admission to statehood . On September 9, 1850, as part of the Compromise of 1850 , California became a free state and September   9 a state holiday . During the American Civil War (1861–1865), California sent gold shipments eastward to Washington in support of

2580-496: A significant impact on the environment. If the lead agency determines the project could have no significant environmental impacts after completing an initial study, no EIR will be necessary, but the lead agency must still prepare a Negative Declaration (Neg Dec) that discloses the impact analysis. If the project could have significant environmental impacts, but the lead agency has incorporated mitigation measures to lower those impacts to less than significant, no EIR will be necessary, but

2709-596: A state Constitutional Convention was first held in Monterey. Among the first tasks of the convention was a decision on a location for the new state capital. The first full legislative sessions were held in San Jose (1850–1851). Subsequent locations included Vallejo (1852–1853), and nearby Benicia (1853–1854); these locations eventually proved to be inadequate as well. The capital has been located in Sacramento since 1854 with only

SECTION 20

#1732844334566

2838-696: A statewide policy of environmental protection. According to the act, all state and local agencies must give major consideration to environmental protection in regulating public and private activities, and should not approve projects for which there exist feasible and environmentally superior mitigation measures or alternatives. CEQA mandates actions all state and local agencies must take to advance that policy. Specifically, for any project under CEQA's jurisdiction with potentially significant environmental impacts, agencies must identify mitigation measures and alternatives by preparing an Environmental Impact Report, and must approve projects with feasible mitigation measures and

2967-610: A tiered analysis process for determining the significance of project-related GHG emissions. If a project is not categorically or otherwise exempt, and if it cannot be shown that the GHG emissions from the project are within GHG budgets in approved regional plans, then project applicants are required to show that the project GHG emissions are below, or mitigated to less than, the applicable following significance screening level: Lead agencies can implement several different mitigation measures to offset or reduce GHG emissions. The BAAQMD recommends using

3096-451: A tool to effectuate their interest ... We need to fundamentally rethink how the CEQA process works in this state." CEQA has been used by residents in San Francisco and Los Angeles to attempt to block homeless shelters and affordable housing projects from being located in their neighborhoods. A 2015 study by Jennifer Hernandez and others at the environmental and land-use law firm Holland & Knight, looking at all CEQA lawsuits filed during

3225-600: Is Sacramento . The state's diverse geography ranges from the Pacific Coast and metropolitan areas in the west to the Sierra Nevada mountains in the east, and from the redwood and Douglas fir forests in the northwest to the Mojave Desert in the southeast. Two-thirds of the nation's earthquake risk lies in California. The Central Valley , a fertile agricultural area, dominates the state's center. The large size of

3354-525: Is Wade Crowfoot, a member of Governor Gavin Newsom 's cabinet. In 1870, most of the state of California's natural resources were under federal jurisdiction, but as the state's population and needs grew, so did a desire for a closer-to-home approach to protecting the state's wildlands and wildlife . These sentiments led to the creation of the Board of Fish Commissioners in 1870 (the first wildlife conservation agency in

3483-406: Is carbon dioxide. Several other primary gases also include methane, nitrous oxide, sulfur hexafluoride, perfluorocarbons, and hydrofluorocarbons. Greenhouse gas sources resulting from project construction activities are typically generated from transportation of materials to the project site, emissions from off-road construction vehicles, and petrol or diesel based equipment used during construction of

3612-424: Is more harmful to the environment. Under CEQA, the lead agency is required to mitigate all "significant" adverse environmental impacts to "the maximum extent feasible" and can approve a project only if the agency adopts a Statement of Overriding Considerations detailing the specific overriding economic, legal, social, technological, or other considerations that outweigh the project's significant, unavoidable impacts. If

3741-517: Is the home of Hollywood , the oldest and one of the largest film industries in the world, profoundly influencing global entertainment. The San Francisco Bay and the Greater Los Angeles areas are seen as the centers of the global technology and U.S. film industries, respectively. The Spaniards gave the name Las Californias to the peninsula of Baja California (in modern-day Mexico). As Spanish explorers and settlers moved north and inland,

3870-500: The Battle of Providencia near Los Angeles, he convinced each side that they had no reason to be fighting each other. As a result of Marsh's actions, they abandoned the fight, Micheltorena was defeated, and California-born Pio Pico was returned to the governorship. This paved the way to California's ultimate acquisition by the United States. In 1846, a group of American settlers in and around Sonoma rebelled against Mexican rule during

3999-631: The Bear Flag Revolt . Afterward, rebels raised the Bear Flag (featuring a bear, a star, a red stripe and the words "California Republic") at Sonoma. The Republic's only president was William B. Ide , who played a pivotal role during the Bear Flag Revolt. This revolt by American settlers served as a prelude to the later American military invasion of California and was closely coordinated with nearby American military commanders. The California Republic

California Environmental Quality Act - Misplaced Pages Continue

4128-684: The California Legislative Analyst's Office found that in the state's 10 largest cities, CEQA appeals delayed projects by an average of two and a half years. California California is a state in the Western United States , lying on the American Pacific Coast . It borders Oregon to the north, Nevada and Arizona to the east, and shares an international border with the Mexican state of Baja California to

4257-695: The California Master Plan for Higher Education in 1960 to develop an efficient system of public education. Meanwhile, attracted to the mild Mediterranean climate, cheap land, and the state's variety of geography, filmmakers established the studio system in Hollywood in the 1920s. California manufactured 9% of US armaments produced during World War II , ranking third behind New York and Michigan . California easily ranked first in production of military ships at drydock facilities in San Diego, Los Angeles, and

4386-554: The Graham Affair , which was resolved in part with the intercession of Royal Navy officials. One of the largest ranchers in California was John Marsh . After failing to obtain justice against squatters on his land from the Mexican courts, he determined that California should become part of the United States. Marsh conducted a letter-writing campaign espousing the California climate, the soil, and other reasons to settle there, as well as

4515-541: The Indigenous people of California had not yet developed a natural immunity. Under its new American administration, California's first governor Peter Hardeman Burnett instituted policies that have been described as a state-sanctioned policy of elimination of California's indigenous people. Burnett announced in 1851 in his Second Annual Message to the Legislature: "That a war of extermination will continue to be waged between

4644-602: The Presidio of San Diego , the first religious and military settlements founded by the Spanish in California. By the end of the expedition in 1770, they would establish the Presidio of Monterey and Mission San Carlos Borromeo de Carmelo on Monterey Bay. After the Portolà expedition, Spanish missionaries led by Father-President Serra set out to establish 21 Spanish missions of California along El Camino Real ("The Royal Road") and along

4773-745: The Route 66 . From 1900 to 1965, the population grew from fewer than one million to the greatest in the Union. In 1940, the Census Bureau reported California's population as 6% Hispanic, 2.4% Asian, and 90% non-Hispanic white. To meet the population's needs, engineering feats like the California and Los Angeles Aqueducts ; the Oroville and Shasta Dams ; and the Bay and Golden Gate Bridges were built. The state government adopted

4902-518: The Treaty of Guadalupe Hidalgo (February 2, 1848) that ended the war, the westernmost portion of the annexed Mexican territory of Alta California soon became the American state of California, and the remainder of the old territory was then subdivided into the new American Territories of Arizona, Nevada, Colorado and Utah . The even more lightly populated and arid lower region of old Baja California remained as

5031-653: The coast of California were the members of a Spanish maritime expedition led by Portuguese captain Juan Rodríguez Cabrillo in 1542. Cabrillo was commissioned by Antonio de Mendoza , the Viceroy of New Spain , to lead an expedition up the Pacific coast in search of trade opportunities; they entered San Diego Bay on September 28, 1542, and reached at least as far north as San Miguel Island . Privateer and explorer Francis Drake explored and claimed an undefined portion of

5160-537: The 16th and 17th centuries led to the colonization by the Spanish Empire . The area became a part of Mexico in 1821, following its successful war for independence , but was ceded to the United States in 1848 after the Mexican–American War . The California gold rush started in 1848 and led to social and demographic changes, including depopulation of Indigenous tribes. The western portion of Alta California

5289-513: The 18th century. The Portolá expedition of 1769–70 was a pivotal event in the Spanish colonization of California, resulting in the establishment of numerous missions, presidios , and pueblos . The military and civil contingent of the expedition was led by Gaspar de Portolá , who traveled over land from Sonora into California, while the religious component was headed by Junípero Serra , who came by sea from Baja California . In 1769, Portolá and Serra established Mission San Diego de Alcalá and

California Environmental Quality Act - Misplaced Pages Continue

5418-482: The 1992 Rodney King riots. California was the hub of the Black Panther Party , known for arming African Americans to defend against racial injustice. Mexican, Filipino, and other migrant farm workers rallied in the state around Cesar Chavez for better pay in the 1960s and 70s. During the 20th century, two great disasters happened: the 1906 San Francisco earthquake and 1928 St. Francis Dam flood remain

5547-403: The 21st century, droughts and frequent wildfires attributed to climate change have occurred. From 2011 to 2017, a persistent drought was the worst in its recorded history. The 2018 wildfire season was the state's deadliest and most destructive. One of the first confirmed COVID-19 cases in the United States occurred in California on January 26, 2020. A state of emergency was declared in

5676-1068: The CEQA Statutes and Guidelines, which is produced by the California Office of Planning and Research (OPR). Lead agencies can also defer to authority agencies that publish their recommended guidelines for the resources they regulate. Examples of this include the California Department of Conservation has threshold tests for assessing impacts to agricultural resources using the LESA model, and the Bay Area Air Quality Management District has published guidelines for air quality impacts. The lead agency must analyze project impacts to 18 different environmental resource factors detailed in Appendix G during their CEQA review. The next section discusses background and setting for each resource factor; and how lead agencies conduct their analysis and

5805-513: The California coast in 1579, landing north of the future city of San Francisco . The first Asians to set foot on what would be the United States occurred in 1587, when Filipino sailors arrived in Spanish ships at Morro Bay . Coincidentally the descendants of the Muslim Caliph Hasan ibn Ali in formerly Islamic Manila and had converted, then mixed Christianity with Islam, upon Spanish conquest, transited through California (Named after

5934-522: The California coast, 16 sites of which having been chosen during the Portolá expedition. Numerous major cities in California grew out of missions, including San Francisco ( Mission San Francisco de Asís ), San Diego ( Mission San Diego de Alcalá ), Ventura ( Mission San Buenaventura ), or Santa Barbara ( Mission Santa Barbara ), among others. Juan Bautista de Anza led a similarly important expedition throughout California in 1775–76, which would extend deeper into

6063-455: The California come from renewable resources by 2020 to curb greenhouse gas emissions. This assembly of legislation and evidence of environmental impact led to California enacting requirements for lead agencies to consider greenhouse gas emissions in their CEQA reviews. California Office of Attorney General sent several comment letters to lead agencies urging them to consider greenhouse gas emissions during their CEQA review. Senate Bill 97 required

6192-529: The California government in 2022. These groups were also diverse in their political organization, with bands, tribes, villages, and, on the resource-rich coasts, large chiefdoms , such as the Chumash , Pomo and Salinan . Trade, intermarriage, craft specialists, and military alliances fostered social and economic relationships between many groups. Although nations would sometimes war, most armed conflicts were between groups of men for vengeance . Acquiring territory

6321-443: The California state government paid around 1.5   million dollars (some 250,000 of which was reimbursed by the federal government) to hire militias with the stated purpose of protecting settlers, however these militias perpetrated numerous massacres of indigenous people. Indigenous people were also forcibly moved to reservations and rancherias, which were often small and isolated and without enough natural resources or funding from

6450-626: The Department of State Parks and Recreation (created in 1967). In 1961, Governor Edmund G. “Pat” Brown reorganized the executive branch and established the Resources Agency to consolidate management of the state's diverse resources. The new agency oversaw the Department of Fish and Game (created in 1951), known today as the Department of Fish and Wildlife (renamed in 2012), Department of Water Resources (created in 1954), Department of Conservation (created in 1961). This restructure also placed most of

6579-409: The EIR is considered the heart of CEQA, mitigation and alternatives are considered the heart of the EIR. One alternative that a lead agency must usually consider is the no project alternative, that is, cancellation of the project, with the future instead unfolding according to existing plans (i.e., the status quo). Among all the alternatives, the EIR identifies the environmentally superior alternative; if

SECTION 50

#1732844334566

6708-496: The EIR, preparing a new EIR, agreeing to mitigation measures, or paying money to local agencies to offset environmental impacts. CEQA lawsuits (and threats of CEQA lawsuits) are frequently used by groups that want to block a proposed project for reasons other than its environmental impacts. Carol Galante, a professor of Affordable Housing and Urban Policy at the Terner Center for Housing Innovation at UC Berkeley, who served in

6837-668: The Global Warming Solutions Act of 2006 that mandated greenhouse gas emissions be reduced to 1990 levels by 2020. Governor Arnold Schwarzenegger signed Executive Order S-3-05 in June 2005 that declared California is vulnerable to climate change impacts resulting in loss of Sierra snowpack for water supply and rising sea levels threatening coastal real estate and habitat. Governor Arnold Schwarzenegger also signed Executive Order S-21-09 in September 2009 requiring 33% of electricity sold in

6966-481: The Governors Office of Planning and Research to develop and recommend new guidelines to analyze greenhouse gas impacts under CEQA. California's Natural Resources Agency adopted new guidelines on December 31, 2009, requiring lead agencies to analyze greenhouse gas emissions under section 15064.4 during their CEQA review through California. The major category of greenhouse gas emissions resulting from human activities

7095-531: The NOC. This notice must include the location of any public meetings intended to solicit comments on the draft EIR. If the draft EIR is circulated through the State Clearinghouse, then the public comment period must be 45 days minimum. The lead agency must prepare a final EIR before approving the project. The contents of a final EIR are specified in §15132 of the CEQA guidelines, but responses to draft EIR comments are

7224-522: The NOD. CEQA's broad scope and lack of clear thresholds often lead to litigation, both by groups that support development, and individuals and agencies opposing such development. CEQA plaintiffs such as community and environmental groups often challenge projects with negative declarations, on the grounds that EIRs should have been carried out. Litigation also occurs on the grounds that EIRs are too brief or overlooked possible impacts, as there are no guidelines for

7353-558: The Obama Administration as the Assistant Secretary at the U.S. Department of Housing and Urban Development (HUD), stated that "It (CEQA) has been abused in this state for 30 years by people who use it when it has nothing to do with an environmental reason, ... NIMBY -ism is connected to the fact that for everyone who owns their little piece of the dream, there's no reason to want development next door to them, CEQA gives them

7482-609: The San Francisco Bay Area. Due to the hiring opportunities California offered during the conflict, the population multiplied from the immigration it received due to the work in its war factories, military bases, and training facilities. After World War II, California's economy expanded due to strong aerospace and defense industries, whose size decreased following the end of the Cold War . Stanford University began encouraging faculty and graduates to stay instead of leaving

7611-490: The U.S. Army. In the 20th century, thousands of Japanese people migrated to California. The state in 1913 passed the Alien Land Act , excluding Asian immigrants from owning land. During World War II, Japanese Americans in California were interned in concentration camps; in 2020, California apologized. Migration to California accelerated during the early 20th century with the completion of transcontinental highways like

7740-454: The Union . However, due to the existence of a large contingent of pro-South sympathizers within the state, the state was not able to muster any full military regiments to send eastwards to officially serve in the Union war effort. Still, several smaller military units within the Union army, such as the "California 100 Company" , were unofficially associated with the state of California due to a majority of their members being from California. At

7869-609: The Water Commission Act in 1913 to establish the State Water Commission to oversee rights to use surface water. In 1927, Governor Clement Calhoun Young restructured many of state boards, commissions, divisions, and departments to create the Department of Natural Resources. This new Department included the Division of Forestry, known today as CAL FIRE (created in 1977), and a Division of Beaches and Parks, known today as

SECTION 60

#1732844334566

7998-626: The agencies primarily responsible for regulating stationary sources of air pollution. These air districts traditionally provide guidance to lead agencies, such as counties, cities and public utilities, on the evaluation of air pollutants under CEQA. The lead agency is the public agency which has the principal responsibility for approving a proposed project. The lead agency determines which type of environmental document will be prepared (Mitigated Negative Declaration, Environmental Impact Report, etc.) and has discretion to adopt significance criteria more conservative than those required by CEQA. §15064.4 provides

8127-640: The authority for their significance thresholds for these resources. Resource factors (in alphabetical order): GHG legislative history; rule making; regulated greenhouse gases and their sources; and GHG CEQA responsible agencies are discussed below. The next section describes the analytical approach to determining if a project has significant GHG impacts using guidelines from two Air Quality Management Districts in California. Finally, mitigation measures recommended by air districts and used on various projects are presented for GHG impact analysis. Greenhouse gas emissions were not required to be analyzed as an impact to

8256-1144: The basis for anyone with a grievance against a project to file lawsuits to slow projects by years or kill projects by imposing delays and litigation costs that make projects infeasible. CEQA has been criticized for being abused (used for reasons other than environmental ones) to block, downsize, delay, or gain other concessions from new development. CEQA has even been used to block or delay projects that have positive environmental impacts, such as solar plants, wind turbines, bike lanes on pre-existing roads, and denser housing. One study found that 85% of CEQA lawsuits were filed by organizations with no record of environmental advocacy and 80% of CEQA lawsuits targeted infill development. CEQA has also been used by NIMBYs to block homeless shelters , student housing and affordable housing projects, by businesses to try to block competition, and by unions to force developers to use union workers. All governors since 1983 ( George Deukmejian , Pete Wilson , Gray Davis , Arnold Schwarzenegger , and Jerry Brown ), as well as current governor Gavin Newsom , have stated that CEQA needs to be reformed. CEQA

8385-454: The best land in the state, were secularized by 1834 and became the property of the Mexican government. The governor granted many square leagues of land to others with political influence. These huge ranchos or cattle ranches emerged as the dominant institutions of Mexican California. The ranchos developed under ownership by Californios (Hispanics native of California) who traded cowhides and tallow with Boston merchants. Beef did not become

8514-464: The best route to follow, which became known as "Marsh's route". His letters were read, reread, passed around, and printed in newspapers throughout the country, and started the first wagon trains rolling to California. After ushering in the period of organized emigration to California, Marsh became involved in a military battle between the much-hated Mexican general, Manuel Micheltorena and the California governor he had replaced, Juan Bautista Alvarado. At

8643-536: The conquest include the Battle of San Pasqual and the Battle of Dominguez Rancho in Southern California, as well as the Battle of Olómpali and the Battle of Santa Clara in Northern California. After a series of defensive battles in the south, the Treaty of Cahuenga was signed by the Californios on January 13, 1847, securing a censure and establishing de facto American control in California. Following

8772-507: The country), the Division of Forestry in 1881 (housed within the state's Department of Agriculture) and the Board of Forestry in 1885. During this same period, federal and state leaders began to set aside land for preservation and public access. President Abraham Lincoln signed a federal law in 1864 that granted Yosemite Valley and Mariposa Big Tree Grove to create California's first state park . In 1901, both land grants were returned to

8901-535: The deadliest in U.S. history. Although air pollution has been reduced, health problems associated with pollution continue. Brown haze known as " smog " has been substantially abated after federal and state restrictions on automobile exhaust. An energy crisis in 2001 led to rolling blackouts , soaring power rates, and the importation of electricity from neighboring states. Southern California Edison and Pacific Gas and Electric Company came under heavy criticism. Housing prices in urban areas continued to increase;

9030-443: The description of the several categories listed under Article 19. A common categorical exemption used by agencies is 15301 for maintenance of existing facilities. Since the project is already built, the project often has no significant new impacts. Agencies do not have to file any CEQA findings for categorically exempt projects. They can be legally challenged by the public on whether the project must undergo CEQA. The lead agency can file

9159-498: The environment when CEQA was originally adopted. Several scientists have since attributed greenhouse gases to climate change and resulting negative impacts to humans and the environment. The Intergovernmental Panel on Climate Change (IPCC) issued a report in 2007 stating that human activities are responsible for increased global temperatures. As a result of these assessments, the California Legislature passed Assembly Bill 32,

9288-487: The environmental laws." An environmental lawyer said that the slow economy would probably encourage developers to seek more abrogations, as legislators become more eager to stimulate job growth. Several categorical exemptions for projects are listed under Title 14 of the California Code of Regulations, Chapter 3, Article 19. These exemptions cover projects that do pose a significant impact to the environment and fit within

9417-581: The environmentally superior alternative is the no project alternative, the EIR identifies the environmentally superior alternative among the other alternatives. The EIR process begins with the circulation of a Notice of Preparation (NOP) which informs the public, responsible agencies, trustee agencies, and the OPR that an EIR will be prepared for a given project. The NOP must include sufficient project description details and likely environmental effects such that agencies and public citizens can provide meaningful comments on

9546-443: The environmentally superior alternative. The California Natural Resources Agency promulgates the CEQA Guidelines, California Code of Regulations Title 14 § 15000 et seq., which detail the protocol by which state and local agencies comply with CEQA requirements. Appendix A of the CEQA Guidelines summarizes this protocol in flowchart form. CEQA originally applied to only public projects, but California Supreme Court interpretation of

9675-433: The extraction, production, distribution and use of energy or fuel. If a lead agency had to complete a GHG lifecycle analysis under CEQA, they would have to quantify GHGs produced not only within the spatial boundary of the project site, but GHGs generated from transportation of products to the site and product supply chain production emissions. Several of these energy emissions could be produced overseas leading to difficulty by

9804-415: The facility, and landscape maintenance equipment. Land use conversion can reduce vegetation sequestration of carbon dioxide. The State Air Resources Board or California Air Resources Board is the state agency charged with monitoring and regulating sources of greenhouse gas emissions under AB32. California's 35 local air pollution control districts (APCDs) and air quality management districts (AQMDs) are

9933-571: The federal government. A year later in 1902, the state purchased 2,500 acres of redwood forests in the Santa Cruz Mountains to create Big Basin Redwoods State Park , California's longest-running state park. At the turn of the 20th century, California's emerged on the forefront of the preservation movement by expanding fish and game laws, establishing a state forester to regulate timber harvest, acquiring historical monuments, and passing

10062-423: The five step process: eliminate greenhouse gas analysis if project attributes do not pass screening criteria, quantify emissions using appropriate models, compare unmitigated emissions with thresholds of significance, implement mitigation measures if project is over thresholds of significance, then compare emissions again with thresholds of significance. The South Coast Air Quality Management District has developed

10191-451: The focus of the document. The lead agency then certifies the final EIR and issues its findings. Should significant and unavoidable impacts remain after mitigation, a Statement of Overriding Considerations must be prepared. Finally, the lead agency may decide whether or how to approve or carry out the project at which time a notice of determination (NOD) must be filed within five days of approval. Appeal periods and litigation avenues remain after

10320-492: The following best management practices for construction activities: 15% of project's heavy equipment and transportation fleet run on alternative fuels and/or electricity, recycling or reusing 50% of demolition waste, and using 10% local of building materials. Other measures used to reduce construction emissions include limiting equipment idle time, car pooling, and purchase and retire of offsite carbon credits. BAAQMD recommends lead agencies mitigate operational emissions by adopting

10449-569: The government to adequately sustain the populations living on them. As a result, settler colonialism was a calamity for indigenous people. Several scholars and Native American activists, including Benjamin Madley and Ed Castillo , have described the actions of the California government as a genocide , as well as the 40th governor of California Gavin Newsom . Benjamin Madley estimates that from 1846 to 1873, between 9,492 and 16,092 indigenous people were killed, including between 1,680 and 3,741 killed by

10578-450: The governmental body with no judgement as long as the proponent meets the specifications detailed in the permit or license requirements. CEQA does not apply when only ministerial approval is necessary. The California state legislature has, on occasion, abrogated CEQA such that specific projects or types of projects could proceed without an EIR. One such abrogation occurred in October 2009, with

10707-456: The highest output of any U.S. state, and is led by its dairy , almonds , and grapes . With the busiest port in the country ( Los Angeles ), California plays a pivotal role in the global supply chain, hauling in about 40% of goods imported to the US. Notable contributions to popular culture , ranging from entertainment , sports , music , and fashion , have their origins in California. California

10836-416: The impact assessment. The initial study completion also gives the project applicant opportunity to change their project scope early in the CEQA process if the initial study indicates significant impact(s) are likely. If the lead agency determines the project clearly has significant impacts, they can skip the initial study phase and immediately conduct an Environmental Impact Report. Under CEQA, every agency in

10965-483: The impact must be eliminated pursuant to CEQA Guidelines 15145. Thresholds of significance can be determined by reference of air quality management district CEQA guidelines, although the ultimate discretion for thresholds remains with the lead agency. The Bay Area Air Quality Management District, South Coast Air Quality Management District, and San Joaquin Valley Air Pollution Control District are

11094-410: The indigenous peoples developed complex forms of ecosystem management, including forest gardening to ensure the regular availability of food and medicinal plants . This was a form of sustainable agriculture . To mitigate destructive large wildfires from ravaging the natural environment, indigenous peoples developed a practice of controlled burning . This practice was recognized for its benefits by

11223-556: The interior and north of California. The Anza expedition selected numerous sites for missions, presidios, and pueblos, which subsequently would be established by settlers. Gabriel Moraga , a member of the expedition, would also christen many of California's prominent rivers with their names in 1775–1776, such as the Sacramento River and the San Joaquin River . After the expedition, Gabriel's son, José Joaquín Moraga , would found

11352-524: The largest dam removal and river restoration project in US history was announced for the Klamath River , as a win for California tribes. Covering an area of 163,696 sq mi (423,970 km ), California is the third-largest state in the United States in area, after Alaska and Texas . California is one of the most geographically diverse states in the union and is often geographically bisected into two regions, Southern California , comprising

11481-505: The lead agency in verification and enforcement of emission thresholds. CEQA guidance currently does not require lifecycle analysis of GHG emissions since the term is not well defined and too speculative, and the Office of Planning and Research (OPR) removed the term "Life Cycle" from CEQA guidelines in 2010. If any portion of the analysis is considered speculative by the lead agency and not supported by defensible and quantifiable scientific evidence,

11610-615: The lead agency must prepare a Mitigated Negative Declaration that demonstrates how all identified significant impacts will be mitigated to below the level of significance. Finally, if the lead agency determines the project may have significant environmental impacts, the lead agency must prepare an EIR. CEQA applies to any action when a project requires discretionary approval by a state or local governmental body. Projects may also require ministerial permits that must comply with general plans and local ordinances such as building permits or marriage licenses. These decisions cannot be denied and provides

11739-624: The length or content of the EIRs. Plaintiffs also sometimes accuse developers of a practice called piece-mealing, by which projects are analyzed incrementally by parts to make the environmental impacts appear smaller to the overseeing agency. CEQA plaintiffs succeeded on one such claim in June 2009, concerning an expansion of the Chevron Richmond Refinery , the largest employer in Richmond, California . The judge ruled that Chevron erred by defining

11868-400: The limitations of the particular model or methodology selected for use; and/or (2) Rely on a qualitative analysis or performance based standards." The lead agency is charged with making a good-faith effort to "describe, calculate, or estimate the amount of greenhouse gas emissions resulting from a project". Lifecycle analysis of GHG includes the full aggregate quantity of GHG generated from

11997-470: The maximum extent feasible". The lead agency then prepares a draft Negative Declaration (ND) or Mitigated Negative Declaration (MND) and publishes the document for public review for at least 21 days. After comments are considered, the lead agency can either recirculate the ND/MND if public comments required the project scope to substantially change, or the lead agency can adopt the document. The Lead agency must file

12126-788: The middle of the state lies the California Central Valley , bounded by the Sierra Nevada in the east, the coastal mountain ranges in the west, the Cascade Range to the north and by the Tehachapi Mountains in the south. The Central Valley is California's productive agricultural heartland. Divided in two by the Sacramento-San Joaquin River Delta , the northern portion, the Sacramento Valley serves as

12255-872: The only districts to date that have adopted CEQA guidelines. Below are highlights from the BAAQMD and SCAQMD: The Bay Area Air Quality Management District (BAAQMD) typically acts as the responsible agency for setting CEQA air emission thresholds within the San Francisco Bay Area Air Basin . The BAAQMD adopted new guidance on June 2, 2010 to address greenhouse gas emission thresholds related to operational related emissions from stationary sources and projects other than stationary sources. Stationary sources are allowed to emit up to 10,000 metric tons (MT) CO 2 e   /   year. Other projects are allowed to emit 1,100 MT of CO 2 e / yr; 4.6 MT CO 2 e / SP / yr; or compliance with

12384-485: The passage of a union-backed law exempting the proposed construction of Los Angeles Stadium from CEQA's requirements. The abrogation mooted an ongoing lawsuit, brought by eight residents of a neighboring city, challenging the validity of the developer's EIR. The developer had originally prepared an EIR for a commercial development on the site, then prepared a supplemental EIR to include a proposed 75,000 seat stadium situated within 3,000 feet of homes in that neighboring city;

12513-434: The plaintiffs argued that a single new EIR studying the entire project was required. State officials said the abrogation ended an abuse of CEQA by individuals seeking to obstruct the project; at the signing ceremony, Governor Arnold Schwarzenegger said he would "terminate the frivolous lawsuit." A plaintiff in the lawsuit said the abrogation "opens up the door for other developers... to hire lobbyists... and get exemptions from

12642-414: The population of San Francisco increased from 500 to 150,000. The seat of government for California under Spanish and later Mexican rule had been located in Monterey from 1777 until 1845. Pio Pico, the last Mexican governor of Alta California, had briefly moved the capital to Los Angeles in 1845. The United States consulate had also been located in Monterey, under consul Thomas O. Larkin . In 1849,

12771-479: The project inconsistently, and the city of Richmond erred in allowing Chevron to piece-meal its project, and in allowing Chevron to develop a mitigation plan after the project begins. The judge consequently ruled the EIR to be insufficient to meet CEQA's requirements, ordering the preparation of a new EIR covering the whole, accurately defined project before the refinery's expansion could proceed. Plaintiffs in CEQA lawsuits seek various forms of redress, such as amending

12900-517: The project itself. Stationary sources emit greenhouse gases from a single point source such as a smoke stack. Stationary source examples include coal- or gas-fired power plants, incinerators, refineries, bakeries, or chemical plants. Projects that are not stationary sources such as residential and commercial developments, schools, and related infrastructure can also contribute to increases in greenhouse gases. These projects emit greenhouse gases from sources such as vehicle mileage trips to site, energy to run

13029-446: The project mitigate to the maximum extent feasible before considering offsite mitigation options, and offsite mitigation should be measurable, enforceable, and occur within the nine-county Bay Area. Projects may be exempt from CEQA if they are ministerial in nature, have been exempted by the California Legislature through a statutory exemption, or fall within any of the classes of exemption by category that CEQA recognizes that do not have

13158-411: The proposed project for analysis in the EIR. The NOP comment period is no shorter than 30 days. After preparation of the draft EIR, a Notice of Completion (NOC) must be submitted to the Office of Planning and Research which includes project location, location of review copies, and public comment review period information. The lead agency must provide public notice of the draft EIR at the same time it issues

13287-710: The pueblo of San Jose in 1777, making it the first civilian-established city in California. During this same period, sailors from the Russian Empire explored along the northern coast of California. In 1812, the Russian-American Company established a trading post and small fortification at Fort Ross on the North Coast . Fort Ross was primarily used to supply Russia's Alaskan colonies with food supplies. The settlement did not meet much success, failing to attract settlers or establish long term trade viability, and

13416-465: The races until the Indian race becomes extinct must be expected. While we cannot anticipate the result with but painful regret, the inevitable destiny of the race is beyond the power and wisdom of man to avert." As in other American states, indigenous peoples were forcibly removed from their lands by American settlers , like miners, ranchers, and farmers. Although California had entered the American union as

13545-403: The region known as California , or Las Californias , grew. Eventually it included lands north of the peninsula, Alta California , part of which became the present-day U.S. state of California. A 2017 state legislative document states, "Numerous theories exist as to the origin and meaning of the word 'California, ' " and that all anyone knows is the name was added to a map by 1541 "presumably by

13674-461: The south. With nearly 39   million residents across an area of 163,696 square miles (423,970 km ), it is the most populous U.S. state, the third-largest by area, and most populated subnational entity in North America . Prior to European colonization , California was one of the most culturally and linguistically diverse areas in pre-Columbian North America . European exploration in

13803-430: The state "is encouraged to develop and publish thresholds of significance" against which to compare the environmental impacts of projects. Such thresholds are to be published for public review and supported by substantial evidence before their adoption. A lead agency will normally consider the environmental impacts of a project to be significant if and only if they exceed established thresholds of significance. According to

13932-644: The state as part of the Gold Rush or to seek work. Even though the Chinese proved indispensable in building the transcontinental railroad from California to Utah, perceived job competition with the Chinese led to anti-Chinese riots in the state, and eventually the US ended migration from China partially as a response to pressure from California with the 1882 Chinese Exclusion Act . Under earlier Spanish and Mexican rule, California's original native population had precipitously declined, above all, from Eurasian diseases to which

14061-511: The state on March 4, 2020, and remained in effect until Governor Gavin Newsom ended it in February 2023. A mandatory statewide stay-at-home order was issued on March 19, 2020, which was ended in January 2021. Cultural and language revitalization efforts among indigenous Californians have progressed among tribes as of 2022. Some land returns to indigenous stewardship have occurred. In 2022,

14190-430: The state results in climates that vary from moist temperate rainforest in the north to arid desert in the interior, as well as snowy alpine in the mountains . Droughts and wildfires are an ongoing issue. California's economy is the largest of any U.S. state, with a $ 4.0 trillion gross state product as of 2024 . It is the largest sub-national economy in the world. California's agricultural industry has

14319-515: The state's demographics and its finances. Soon afterward, a massive influx of immigration into the area resulted, as prospectors and miners arrived by the thousands. The population burgeoned with United States citizens, Europeans, Middle Easterns, Chinese and other immigrants during the great California gold rush . By the time of California's application for statehood in 1850, the settler population of California had multiplied to 100,000. By 1854, more than 300,000 settlers had come. Between 1847 and 1870,

14448-563: The state's environmental quality programs within the Resources Agency. In 1991, those environmental quality programs, designed to limit environmental pollution, were placed under a new state agency, the California Environmental Protection Agency . In 2009, the Resources Agency adopted its current name of the California Natural Resources Agency to better reflect its primary mission of protecting

14577-522: The state's name include CA, Cal., Calif., Califas , and US-CA . California was one of the most culturally and linguistically diverse areas in pre-Columbian North America . Historians generally agree that there were at least 300,000 people living in California prior to European colonization. The Indigenous peoples of California included more than 70 distinct ethnic groups , inhabiting environments ranging from mountains and deserts to islands and redwood forests. Living in these diverse geographic areas,

14706-614: The state, and develop a high-tech region, now known as Silicon Valley . As a result of this, California is a world center of the entertainment and music industries, of technology, engineering, and the aerospace industry, and as the US center of agricultural production. Just before the Dot Com Bust , California had the fifth-largest economy in the world. In the mid and late twentieth century, race-related incidents occurred. Tensions between police and African Americans, combined with unemployment and poverty in inner cities, led to riots, such as

14835-422: The statute, as well as later revisions to the wording, have expanded the CEQA's jurisdiction to nearly all projects within California, including those accomplished by private businesses and individuals. § 21002.1: "Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so." For private projects, CEQA applies when

14964-504: The ten southernmost counties, and Northern California , comprising the 48 northernmost counties. It is bordered by Oregon to the north, Nevada to the east and northeast, Arizona to the southeast, the Pacific Ocean to the west and shares an international border with the Mexican state of Baja California to the south (with which it makes up part of The Californias region of North America , alongside Baja California Sur ). In

15093-557: The three-year period 2010-2012, found that less than 15% were filed by groups with prior records of environmental advocacy. (such as the Sierra Club ) While environmental groups largely agree that building dense housing in urban areas ( infill development ) is better for the environment than converting open space to new homes, 4 out of 5 CEQA lawsuits target infill development projects; only 20% of CEQA lawsuits target greenfield projects that would convert open space to housing. A report by

15222-485: The threshold of significance (MND). If significant impacts remain, an EIR must be prepared and a Statement of Overriding Considerations are necessary. According to case law, the environmental impact report (EIR) is at "the heart of CEQA". An EIR serves to inform governmental agencies and the public of a project's environmental impacts. Further, an EIR is required to propose mitigations and alternatives which may reduce or avoid any significant adverse environmental impacts; as

15351-407: The time of California's admission into the Union, travel between California and the rest of the continental United States had been a time-consuming and dangerous feat. Nineteen years later, and seven years after it was greenlighted by President Lincoln, the first transcontinental railroad was completed in 1869. California was then reachable from the eastern States in a week's time. Much of the state

15480-557: The transition from Spanish colonial rule to independent Mexican rule. In 1821, the Mexican War of Independence gave the Mexican Empire (which included California) independence from Spain. For the next 25 years, Alta California remained a remote, sparsely populated, northwestern administrative district of the newly independent country of Mexico, which shortly after independence became a republic. The missions , which controlled most of

15609-550: The watershed of the Sacramento River , while the southern portion, the San Joaquin Valley is the watershed for the San Joaquin River . Both valleys derive their names from the rivers that flow through them. With dredging, the Sacramento and the San Joaquin Rivers have remained deep enough for several inland cities to be seaports . California Natural Resources Agency The current Secretary for Natural Resources

15738-580: The year before CEQA, is similar to CEQA in that both statutes set forth a policy of environmental protection, and a protocol by which all agencies in their respective jurisdictions make environmental protection part of their decision making process. NEPA is narrower in scope than CEQA. NEPA applies only to projects receiving federal funding or approval by federal agencies, while CEQA applies to projects receiving any form of state or local approval, permit, or oversight. Thus, development projects in California funded only by private sources and not requiring approval by

15867-541: Was abandoned by 1841. During the War of Mexican Independence , Alta California was largely unaffected and uninvolved in the revolution, though many Californios supported independence from Spain , which many believed had neglected California and limited its development. Spain's trade monopoly on California had limited local trade prospects. Following Mexican independence, California ports were freely able to trade with foreign merchants. Governor Pablo Vicente de Solá presided over

15996-536: Was extremely well suited to fruit cultivation and agriculture in general. Vast expanses of wheat, other cereal crops, vegetable crops, cotton, and nut and fruit trees were grown (including oranges in Southern California), and the foundation was laid for the state's prodigious agricultural production in the Central Valley and elsewhere. In the nineteenth century, a large number of migrants from China traveled to

16125-607: Was highly unstable, and in a reflection of this, from 1831 onwards, California also experienced a series of armed disputes, both internal and with the central Mexican government. During this tumultuous political period Juan Bautista Alvarado was able to secure the governorship during 1836–1842. The military action which first brought Alvarado to power had momentarily declared California to be an independent state, and had been aided by Anglo-American residents of California, including Isaac Graham . In 1840, one hundred of those residents who did not have passports were arrested, leading to

16254-714: Was not usually the purpose of these small-scale battles. Men and women generally had different roles in society. Women were often responsible for weaving, harvesting, processing, and preparing food, while men for hunting and other forms of physical labor. Most societies also had roles for people whom the Spanish referred to as joyas , who they saw as "men who dressed as women". Joyas were responsible for death , burial , and mourning rituals , and they performed women's social roles. Indigenous societies had terms such as two-spirit to refer to them. The Chumash referred to them as 'aqi. The early Spanish settlers detested and sought to eliminate them. The first Europeans to explore

16383-494: Was short-lived; the same year marked the outbreak of the Mexican–American War (1846–1848). Commodore John D. Sloat of the United States Navy sailed into Monterey Bay in 1846 and began the U.S. military invasion of California , with Northern California capitulating in less than a month to the United States forces. In Southern California, Californios continued to resist American forces. Notable military engagements of

16512-618: Was signed into law in 1970 by governor Ronald Reagan , in a time of increasing public concern for the environment, caused by events such as the 1969 Cuyahoga River Fire . The statute required that for any "public" project, the government must conduct an environmental study to examine what impacts the project might have on things like air/water quality, noise, or nature, and then generate an EIR (Environmental Impact Report) documenting all these impacts as well as potential and planned mitigations. Fifteen other states followed California, generally modelling their laws after California's law. However, in

16641-399: Was then organized and admitted as the 31st state in 1850 , as a free state , following the Compromise of 1850 . The Greater Los Angeles and San Francisco Bay areas are the nation's second- and fifth-most populous urban regions , with 19 million and 10 million residents respectively. Los Angeles is the state's most populous city and the nation's second-most ; California's capital

#565434