NR 416 Final Study Guide Questions With
Complete Solutions
What are the three possible initial study conclusions? - Correct answerNo
significant environmental impacts --> Negative Declaration (ND)
Significant environmental effects can be mitigated below thresholds of significance -->
Mitigated Negative Declaration (MND)
Potential for significant environmental effects --> Environmental Impact Report (EIR)
What is the basis for a MND?- Correct answerInitial Study shows potentially
significant impacts but:
1. Revisions in project plans agreed to by applicant before public review would mitigate
to below level of significance
2. No substantial evidence in record of a significant effect of mitigated project
What are the required contents of ND's and MND's? - Correct answer-Project
description
-Project location
-Identification of project proponent
-Proposed finding of no significant effect
-Attached copy of Initial Study justifying finding
*For MNDs, mitigation measures included in the project description to avoid significant
effects
What is a key point of the ND/MND process overview? - Correct answer30
days of public review is necessary, but you do not need to explicitly acknowledge
comments from the public in any documents.
Detail the recirculation of ND's and MND's.- Correct answerRecirculation is
needed if:
-New, avoidable (mitigable) significant effect is identified
-Proposed mitigation measures not sufficient or feasible
Recirculation is not necessarily needed for mitigation measure substitution, if:
-New measure is equivalent or more effective
,-Agency considers the matter in a public meeting
-The new measure will not cause a significant effect
-"Findings" must be documented
If the answer is "yes" to any of the following questions after completion of an initial
study, what is the recommended CEQA document?
-What if there is uncertainty?
-What if a project is highly controversial?
-What if there is the remote possibility of a significant impact? - Correct
answerPrepare an EIR.
A MND is permitted only "if:- Correct answer1. The initial study identified
potentially significant effects on the environment, but revisions in the project plans
"would avoid or mitigate the effects to a point where clearly no significant effect on the
environment would occur"
AND
2. there is no substantial evidence that the project as revised may have a significant
effect on the environment ...."
What is the "Fair Argument Standard"?- Correct answerAn EIR must be
prepared when it can be: fairly argued, based on substantial evidence, in light of the
whole record, that a project MAY have a significant environmental effect.
If the courts can identify that a Fair Argument has been made, then the project must be
addressed in an EIR.
What IS substantial evidence? What IS NOT substantial evidence? - Correct
answerSubstantial evidence is:
-facts
-fact-related reasonable assumption (predicated on facts)
--> factual testimony about existing environmental conditions can form the basis for
substantial evidence
-expert opinion supported by facts
-relevant personal observations of area residents on nontechnical subjects may qualify
as substantial evidence
Substantial evidence is not:
-argument
-speculation
-unsubstantiated opinion or narrative
, -clearly inaccurate or erroneous information
-economic impact not linked to physical environmental impact
Give an example of precedent for the Fair Argument Standard. - Correct
answerRecent case law: Keep Our Mountains Quiet v. County of Santa Clara
Project details
-Santa Cruz mountains; adjacent to Open Space Preserve
-History of unpermitted special events onsite; neighbor complaints regarding noise and
traffic
-Applied for permit to allow for wedding and special events on 14.5-acre site (up to 100
people per event)
CEQA Process:
1. MND Prepared
-Noise study used "mock" event to determine impacts; Noise impacts did not exceed
noise ordinance standards
-Traffic report prepared- acceptable levels of service on local roadways
2. Three conditions of project approval:
-Orienting speakers away from neighboring residences;
-Posting a noise complaint phone number; and
-Conducting an annual report assessing compliance with the conditions in the first year.
3. Land Use permit issued
4. County sued by local NGO
-Noise study flawed
-Traffic hazards (roadways design) not adequately considered
-Biological resources impacts section flawed- no consideration of noise impacts on
species
-Recreational impacts section flawed- no consideration of noise impacts on future trail
users
-Potential for significant impacts- EIR needed
5. Court Findings
-Neighbors' comments about the discrepancy in noise levels between the mock event
and actual events constituted substantial evidence supporting a fair argument that the
project may have unmitigated noise impacts.
-Substantial evidence that the project may have significant traffic impacts.
--> The testimony the court cited related facts about road conditions based upon
personal knowledge.
--> The court agreed increased traffic from the project may substantially increase
existing design feature-related hazards.
Complete Solutions
What are the three possible initial study conclusions? - Correct answerNo
significant environmental impacts --> Negative Declaration (ND)
Significant environmental effects can be mitigated below thresholds of significance -->
Mitigated Negative Declaration (MND)
Potential for significant environmental effects --> Environmental Impact Report (EIR)
What is the basis for a MND?- Correct answerInitial Study shows potentially
significant impacts but:
1. Revisions in project plans agreed to by applicant before public review would mitigate
to below level of significance
2. No substantial evidence in record of a significant effect of mitigated project
What are the required contents of ND's and MND's? - Correct answer-Project
description
-Project location
-Identification of project proponent
-Proposed finding of no significant effect
-Attached copy of Initial Study justifying finding
*For MNDs, mitigation measures included in the project description to avoid significant
effects
What is a key point of the ND/MND process overview? - Correct answer30
days of public review is necessary, but you do not need to explicitly acknowledge
comments from the public in any documents.
Detail the recirculation of ND's and MND's.- Correct answerRecirculation is
needed if:
-New, avoidable (mitigable) significant effect is identified
-Proposed mitigation measures not sufficient or feasible
Recirculation is not necessarily needed for mitigation measure substitution, if:
-New measure is equivalent or more effective
,-Agency considers the matter in a public meeting
-The new measure will not cause a significant effect
-"Findings" must be documented
If the answer is "yes" to any of the following questions after completion of an initial
study, what is the recommended CEQA document?
-What if there is uncertainty?
-What if a project is highly controversial?
-What if there is the remote possibility of a significant impact? - Correct
answerPrepare an EIR.
A MND is permitted only "if:- Correct answer1. The initial study identified
potentially significant effects on the environment, but revisions in the project plans
"would avoid or mitigate the effects to a point where clearly no significant effect on the
environment would occur"
AND
2. there is no substantial evidence that the project as revised may have a significant
effect on the environment ...."
What is the "Fair Argument Standard"?- Correct answerAn EIR must be
prepared when it can be: fairly argued, based on substantial evidence, in light of the
whole record, that a project MAY have a significant environmental effect.
If the courts can identify that a Fair Argument has been made, then the project must be
addressed in an EIR.
What IS substantial evidence? What IS NOT substantial evidence? - Correct
answerSubstantial evidence is:
-facts
-fact-related reasonable assumption (predicated on facts)
--> factual testimony about existing environmental conditions can form the basis for
substantial evidence
-expert opinion supported by facts
-relevant personal observations of area residents on nontechnical subjects may qualify
as substantial evidence
Substantial evidence is not:
-argument
-speculation
-unsubstantiated opinion or narrative
, -clearly inaccurate or erroneous information
-economic impact not linked to physical environmental impact
Give an example of precedent for the Fair Argument Standard. - Correct
answerRecent case law: Keep Our Mountains Quiet v. County of Santa Clara
Project details
-Santa Cruz mountains; adjacent to Open Space Preserve
-History of unpermitted special events onsite; neighbor complaints regarding noise and
traffic
-Applied for permit to allow for wedding and special events on 14.5-acre site (up to 100
people per event)
CEQA Process:
1. MND Prepared
-Noise study used "mock" event to determine impacts; Noise impacts did not exceed
noise ordinance standards
-Traffic report prepared- acceptable levels of service on local roadways
2. Three conditions of project approval:
-Orienting speakers away from neighboring residences;
-Posting a noise complaint phone number; and
-Conducting an annual report assessing compliance with the conditions in the first year.
3. Land Use permit issued
4. County sued by local NGO
-Noise study flawed
-Traffic hazards (roadways design) not adequately considered
-Biological resources impacts section flawed- no consideration of noise impacts on
species
-Recreational impacts section flawed- no consideration of noise impacts on future trail
users
-Potential for significant impacts- EIR needed
5. Court Findings
-Neighbors' comments about the discrepancy in noise levels between the mock event
and actual events constituted substantial evidence supporting a fair argument that the
project may have unmitigated noise impacts.
-Substantial evidence that the project may have significant traffic impacts.
--> The testimony the court cited related facts about road conditions based upon
personal knowledge.
--> The court agreed increased traffic from the project may substantially increase
existing design feature-related hazards.
