Urban Fold

CEQA: Beware the Naked Checklist

Use of a "Naked" or "Barebones" checklist as the basis for an initial CEQA study is not legally defensible, according to land use attorney Kevin Kozal.

"The California Environmental Quality Act (CEQA) requires public agencies to be fully aware of the potential environmental impacts of their decisions before voting on proposed projects. After an agency makes the initial determination that CEQA applies to a particular application, the agency must then predict whether there are risks that significant environmental impacts may result from the project. This determination is typically made through use of an initial study. The initial study is a means for gathering information useful to assess whether to prepare an environmental impact report (EIR) or a negative declaration. Often a checklist procedure is utilized to make this assessment.

...[R]eliance on a 'naked' or 'barebones' checklist to support a determination that an EIR is not necessary and that a negative declaration instead can be prepared is suspect. A naked checklist is one in which only the boxes on the list are checked "yes" or "no" and little or no evidence or data is included to explain the basis on which judgments about potential impacts were made. Use of such a checklist as a way to defend the decision to adopt a negative declaration on the basis that no significant environmental impacts exist is rarely, if ever, legally defensible."

Full Story: Use of a "Naked" or "Barebones" checklist as the basis for an initial study is not legally defensible

Comments

Build Your Own Paper Block City

Urban Fold is an all-inclusive kit that allows anyone to build the city of their dreams with a few simple folds.
$24.95
building block set

NEW! Build the world you want to see

Irresistible block set for adults when placed on a coffee table or desk, and great fun for kids.
$25
Woman wearing city map tote bag

City Shoulder Totes - New Cities Added!

Durable CityFabric© shoulder tote bags available from 9 different cities.
$22.00
AICP CTP Storefont Display

The first online AICP* CTP exam prep class

Are you ready to take the AICP* Certified Transportation Planner exam?
Priced at $245 for May exam!