What creates a federal nexus for a California project?
NEPA covers major federal actions: those an agency finds subject to substantial federal control and responsibility. Non-federal projects with no or minimal federal funding or involvement are excluded[14].
Since 2007, Caltrans has carried out FHWA's NEPA responsibilities for FHWA-funded highway projects in California, under a 23 U.S.C. 327 agreement renewed in 2022[15]. A state or local applicant that directly receives federal highway or transit funds serves as joint lead agency with the federal administration[16].
What is the difference between CEQA and NEPA?
The biggest difference is what happens after the analysis. CEQA says agencies should not approve a project as proposed if feasible alternatives or mitigation would substantially lessen its significant effects[17], and requires a finding for each significant effect an EIR identifies[18]. NEPA is purely procedural: it mandates no particular result, and an agency may decide other values outweigh environmental costs[19].
The thresholds differ too: NEPA requires an EIS for a reasonably foreseeable significant effect[20], CEQA an EIR whenever substantial evidence shows a project may have one[21]. Page limits line up: 150 pages, or 300 for complex projects, a cap under NEPA and a norm under CEQA[11][22].
Using an EIS, EA or FONSI for CEQA
When an EIS or FONSI will be finished first and meets the CEQA Guidelines, state and local agencies should use it instead of preparing their own[2]; for an EIR, the statute says to use the EIS whenever possible[5]. NEPA doesn't require separate discussion of mitigation or growth-inducing impacts, so add them first[2].
If the federal agency circulated the document as broadly as state law requires, the lead agency need not recirculate it; it gives notice that it will use it[23]. The matching documents:
- Categorical exclusion and categorical exemption: classes of actions without significant effects; the CEQA lead agency decides separately[14][24][25]
- Environmental assessment and initial study: a NEPA EA can meet CEQA's initial study requirement[26]
- FONSI and negative declaration: a FONSI can be used instead of a negative declaration[2]
- EIS and EIR: all or part of an EIS can replace an EIR if it meets CEQA[4]
Preparing a joint EIS/EIR
If the federal document won't be ready in time, the lead agency should try a combined EIR-EIS or negative declaration-FONSI with the federal agency, consult it as soon as possible and consider a memorandum of understanding[3][27]. NEPA lets federal agencies appoint state or local agencies as joint lead agencies[11].
Send the notice of preparation to every federal agency involved. For a project of statewide, regional or areawide significance, a NEPA scoping meeting in its city or county can satisfy CEQA's scoping requirement if CEQA's notice rules are met[28]. If the joint document will outrun CEQA's time limits but beat two separate documents, the lead agency may waive those limits at the applicant's request[29][30].