CEQA and GHG Emissions

Author: Reed Hopper

From the Real Estate, Land Use and Environmental Law Blog, we have the following update:

"On December 29, 2009, the California Natural Resources Agency ('Resources Agency') adopted amendments to the guidelines implementing the California Environmental Quality Act ('CEQA').  The amendments were filed with the Secretary of State on February 16, 2010 and will assist lead agencies in complying with CEQA's existing requirements when analyzing and mitigating the impacts of greenhouse gas ('GHG') emissions associated with a proposed project."

"The amendments provide guidance to lead agencies regarding how to determine whether GHG emissions are significant, how to analyze significant impacts, how to develop appropriate mitigation measures to address significant impacts, and how to address significant impacts that cannot be mitigated to below a level of significance."

In this context, GHGs include, but are not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexaflouride.

These amendments implement Senate Bill 97.  Read more here.