Providing Clients With Comprehensive Legal Services Since 1983

Michele M. Goldsmith, Gregory M. Bergman and Brian J. Bergman

California CEQA, NEPA And Zoning Lawyers

At BDG Law Group, we handle issues related to the California Environmental Quality Act, land use and public law. Our work covers planning, compliance with state and federal regulations, and litigation.

With over 40 years of experience, we’ve successfully represented a diverse range of clients, including nonprofit corporations, municipalities, school districts, homeowner associations and private companies. Our experience spans from challenging and defending environmental impact reports to advising on complex redevelopment projects and zoning ordinances. 

Whether you’re facing a CEQA challenge or have questions about land use regulations, we have the knowledge and resources to assist you. Our track record includes negotiating favorable settlements, winning trials and providing crucial advice on environmental and land use matters across Southern California. 

If you have any land use questions or concerns, contact BDG Law Group. We serve clients throughout California. 

How Are CEQA And NEPA Different? 

CEQA (California Environmental Quality Act) and NEPA (National Environmental Policy Act) are both important environmental laws, but they have key differences: 

  • CEQA applies to projects in California and is enforced by state and local agencies.
  • NEPA applies to federal projects across the United States and is enforced by federal agencies.

While both laws aim to assess environmental impacts, CEQA often has stricter requirements and applies to a broader range of projects than NEPA. CEQA requires agencies to reduce environmental impacts when feasible, while NEPA focuses more on disclosing impacts rather than requiring mitigation measures. 

Both laws encourage public participation, but CEQA often provides more opportunities for public input. Understanding these differences is crucial for project planning and compliance in California, especially when projects might trigger both CEQA and NEPA reviews. 

What Projects Require CEQA Or NEPA Approval? 

Projects requiring CEQA approval include:

  • Any project proposed by a California state or local agency
  • Private projects requiring discretionary government approval
  • Projects that may cause a direct or foreseeable indirect physical change in the environment

Examples include new construction or renovation projects, land use changes or rezoning and issuance of conditional use permits.

On the other hand, projects requiring NEPA approval may include:

  • Major federal actions significantly affecting the quality of the human environment
  • Projects funded wholly or partly by federal money
  • Projects that require federal permits or approvals

Common examples are federal highway or transit projects, projects on federal lands and projects requiring federal permits (e.g., Clean Water Act permits).

It’s important to note that some projects may require both CEQA and NEPA review if they involve both state and federal actions, or funding. 

How Does CEQA Work?

The CEQA process requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment. Based on the results of the initial study, the lead agency will prepare either a negative declaration, a Mitigated Negative Declaration or an Environmental Impact Report. 

The goal is to ensure that decision makers and the public are informed about the potential environmental impacts of proposed projects before they are approved. It also identifies ways to reduce environmental damage by requiring feasible alternatives or mitigation measures. 

How Does The NEPA Approval Policy Review Process Function?

The NEPA approval policy review process follows a structured approach to evaluate the environmental impacts of federal actions. Here’s a brief overview of how it works: 

  1. The process begins with screening to determine if NEPA applies to the proposed action.
  2. If NEPA applies, the federal agency conducts an initial assessment to determine the level of environmental review required.
  3. Based on this assessment, the agency prepares one of three types of documents:
    • A categorical exclusion (CE) for actions with minimal environmental impact 
    • An environmental assessment (EA) for actions with uncertain environmental impacts 
    • An environmental impact statement (EIS) for actions likely to have significant environmental impacts 
  4. The appropriate document is then prepared, which includes an analysis of environmental impacts and alternatives.
  5. There is a public notice and the community is given opportunities to comment on EAs and EISs.
  6. After considering environmental impacts and public comments, the agency makes a final decision on the proposed action.

This process ensures that federal agencies consider environmental impacts in their decision-making and that the public has a voice in these decisions. 

How Our Experience Can Help You

BDG Law Group‘s land use and environmental practice encompass a wide range of matters. We help clients prepare municipal planning and zoning ordinances that determine land use regulations for their property or community. Proper planning and zoning practices can help clients avoid complaints or litigation. We also represent clients in inverse and direct condemnation actions.

Our attorneys also assist clients in matters of compliance with CEQA guidelines, NEPA, and all manner of state and federal regulations. Our experience in environmental law and development enables us to help clients measure their environmental impacts while always protecting their best interests.

BDG Law Group has a proven track record of successfully defending our clients in administrative hearings, in mediations and in the courtroom. We can be your fierce legal advocates from notice of preparation to the final EIR.

Contact An Advocate You Can Trust

Our attorneys are always available to answer clients’ questions. That is because we put our clients first, providing personalized and cost-effective service to obtain the best possible solutions.

Schedule a free consultation with a lawyer today by emailing us or calling 310-470-6110. We have convenient locations in Los Angeles, Woodland Hills, Costa Mesa, Oxnard and Ontario.