The National Environmental Policy Act or (NEPA) was enacted in 1969. The following year, the California Legislature enacted the California state counterpart to NEPA -- the California Environmental Quality Act or (CEQA). Both CEQA and NEPA require the decision making agencies to document and consider the environmental consequences of their actions before approving a project. Both agencies are charged with mitigating any significant, adverse environmental impacts.
All governmental agencies in California, including local, regional, and state agencies, as well as boards and commissions, are subject to the requirements of CEQA. CEQA requires public agencies to prepare an environmental impact report (EIR) as part of the project approval process. The EIR examines and quantifies significant environmental impacts that may be caused by a proposed project. CEQA applies to all discretionary projects that are carried out by, or require approval of, the relevant public agency. Only projects that require the relevant agency to exercise discretion in approving or disapproving a particular project are subject to CEQA. Other required components of an EIR include a discussion of alternatives to the project, the cumulative impacts of other related projects, and identification of mitigation measures where necessary. For the Pier 400, Berth 408 Project, the lead agency for CEQA purposes will be the Port.
NEPA, the federal equivalent of CEQA, applies to approvals of permits by federal agencies. A federal agency must review the potential significant adverse environmental impacts of its major actions, identify and discuss reasonable alternatives to such projects, and develop and discuss appropriate mitigation measures. The NEPA equivalent to an EIR is an environmental impact statement (EIS). For the Pier 400, Berth 408 Project, the lead agency for NEPA will be the U.S. Army Corps of Engineers.
