As is often the case with environmental issues, California has once again stepped ahead of other jurisdictions, this time by requiring that environmental review of projects include an analysis of how project-related greenhouse gases will affect global climate change.
Since 1970, governmental agencies responsible for approving projects in California must complete an environmental impact report whenever the project may cause a significant adverse environmental impact. The California Environmental Quality Act, Cal. Pub. Res. Code §21000, et seq., requires that such impacts be reduced to a level of no significance by project modification or mitigation. In those cases where this isn’t feasible, the lead agency may still approve the project by explaining how its benefits outweigh its adverse impacts in a “statement of overriding considerations.” At every stage of the environmental review process the lead agency has discretion to make environmental policy judgments. A reviewing court cannot substitute its judgment for the agency’s; the report must demonstrate, however, that the agency’s analysis and conclusions are well-reasoned and based on available scientific information and other evidence.
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