Responding to an Environmental Impact Report (EIR)

By Vesta Copestakes

From the Jan. 16, 2004 West County/Forestville Gazette

Public participation is an essential part of the CA Environmental Quality Act (CEQA) process. The law mandates a public review

period after an EIR is published, during which community members and organizations are invited to comment. During the public review period, members of the public are encouraged to examine the EIR, particularly in regard to significant effects the project will have. You can also suggest project alternatives.

The county is mandated by CEQA to invite wide public involvement, so they can evaluate public reactions to environmental issues related to the proposed project.

The most effective way to respond to an EIR is by commenting on environmental impacts such as increased traffic and safety issues, reduced air quality, degraded wildlife habitat, negative impacts on local business, etc. It is very important for concerned community members to go to the hearing and submit written comments as well. The written comments can address positive and negative impacts of the proposed project that you feel need to be brought to the attention of the county.

If you believe that the project may have a significant effect, in your written comments you should:

(1) Identify the specific impact you are concerned about

(2) Explain why you believe the impact would occur

(3) Explain why you believe it would be significant

(4) If possible, use data, facts, or expert opinion to back it up

source: http://karraker.typepad.com/95436/2004/01/responding_to_a.html

General CEQA information: http://ceres.ca.gov/planning/sch/sch_5.html

http://ceres.ca.gov/topic/env_law/ceqa/guidelines/art9.html

Purposes of Review

As defined in the CEQA Guidelines, Section 15200, the purposes of reviewing Environmental Impact Reports (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.

Responsible Agency Comments on Draft EIRs and Negative Declarations (CEQA Guidelines, Section 15096[d]) -- A Responsible Agency should review and comment on draft EIRs and Negative Declarations for projects that the Responsible Agency would later be asked to approve. Comments should focus on any shortcomings in the EIR, the appropriateness of using a Negative Declaration, or additional alternatives or mitigation measures the EIR should include. The comments shall be limited to those project activities within the agency's area of expertise or that are required to be carried out or approved by the agency or that will be subject to the exercise of powers by the agency. Comments shall be as specific as possible and supported by either oral or written documentation.

Evaluation of and Response to EIR Comments (CEQA Guidelines, Section 15088) -- The Lead Agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The Lead Agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments.

The written response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the Lead Agency's position varies from recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice.

The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR. Where the response to comments makes important changes in the information contained in the text of the draft EIR, the Lead Agency should either revise the text in the body of the EIR, or include marginal notes showing that the information is revised in the response to comments.

Contents of the Final EIR (CEQA Guidelines, Section 15132[d]) -- The Final EIR shall consist of, among other things, the responses of the Lead Agency to significant environmental points raised in the review and consultation process.

Failure to Comment (CEQA Guidelines, Section 15207) -- If any public agency or person who is consulted with regard to an EIR or Negative Declaration fails to comment within a reasonable time as specified by the Lead Agency, it shall be assumed, without a request for a specific extension of time, that such agency or person has no comment to make. Although the Lead Agency need not respond to late comments, it may choose to respond.