Environmental Law

Environmental Law ## Overview Environmental law is one of the most complex intersections of federal, state, and local regulation in California real estate. Brokers need working knowledge of the major environmental statutes affecting development, property disclosure, and liability — not expertise, but enough to recognize when an environmental issue is present and to guide clients to appropriate counsel. --- ## CEQA — California Environmental Quality Act The California Environmental Quality Act (Public Resources Code §21000 et seq.) requires state and local agencies to evaluate the environmental impacts of proposed development projects before approving them. CEQA is California's version of the federal NEPA (National Environmental Policy Act) and is often more stringent. ### CEQA Process: 1. Determine if the project is subject to CEQA Most private development requiring a government discretionary approval (permit, rezoning, subdivision approval) triggers CEQA review. Ministerial approvals (no discretion involved) are generally exempt. 2. Initial Study The lead agency (city or county) performs an Initial Study to identify potential environmental impacts. 3. Categorical Exemptions Certain small or routine projects are categorically exempt from CEQA (e.g., minor alterations to existing structures, infill projects meeting specific criteria). If a categorical exemption applies, no further CEQA review is needed. 4. Negative Declaration or EIR - If the Initial Study shows no significant environmental impact: Negative Declaration (mitigated or full negative dec) — simpler, faster - If significant impacts are identified: Environmental Impact Report (EIR) required — comprehensive analysis of impacts and mitigation measures 5. EIR Contents - Project description - Environmental setting (baseline conditions) - Impact analysis for each topic (air quality, traffic, noise, hydrology, biology, cultural resources, greenhouse gases) - Mitigation measures - Alternatives to the project -…