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CEQA and NEPA: when both apply and how to prepare one joint document

CEQA and NEPA both apply when a California state or local agency acts on a project that a federal agency also carries out, finances or approves[1]. For CEQA and NEPA compliance, the agencies can work from one document: the federal EIS or FONSI if it will be ready first, or a joint EIR-EIS or negative declaration-FONSI[2][3].

By Ilya Volodarsky. 33 sources, each read on . This page explains the law; it is not legal advice.

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    ePlan gets you

    • A first draft of your Joint CEQA/NEPA Document, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
    • Every fact ePlan can't confirm, marked for your team to fill in
    • A Word download, plus tasks and a Gantt timeline on Pro and Max
    See how it compares

    Describe the project and ePlan drafts the joint notice of preparation and outlines the joint EIR/EIS, naming the CEQA and NEPA leads; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a Joint CEQA/NEPA Document by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Joint EIS/EIRePlan.aiOutlines the joint document and researches precedent EISsBy handMerge a CEQA and a NEPA template by hand
    Starting pointePlan.aiA plain-language project description, or the PDFs, Word files and GIS files (shapefile, GeoJSON, KML, GeoPackage) you already haveBy handA blank template, or last year's document retyped
    Precedent researchePlan.aiSearches CEQAnet, the Federal Register and EPA's EIS database for the project and up to two analog projectsBy handSearch state and federal databases one at a time
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    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].

    Outline

    What a joint EIS/EIR covers

    The topics that let one document serve as NEPA's detailed statement[7] and a CEQA EIR[31]. Follow the lead agencies' own formats for order.

    1. Purpose and need, and objectives

      NEPA documents state the purpose and need[11]; a CEQA project description states the objectives, including the underlying purpose[32].

    2. Proposed action and alternatives

      A reasonable range of technically and economically feasible alternatives that meet the purpose and need, plus no action[7]; CEQA also requires alternatives[31].

    3. Environmental setting

      Physical conditions near the project, normally CEQA's baseline for judging significance[33].

    4. Environmental effects

      Reasonably foreseeable effects under NEPA[7]; under CEQA, all significant effects, with brief reasons others are not significant[31].

    5. Unavoidable adverse effects

      Required by both laws[7][31].

    6. Irreversible commitments

      Irreversible and irretrievable commitments of federal resources (NEPA) and irreversible significant effects (CEQA)[7][31].

    7. Short-term uses and long-term productivity

      A NEPA topic: local short-term uses of the environment against long-term productivity[7].

    8. Mitigation measures

      Measures to minimize significant effects, including wasteful energy use[31], in their own discussion[2].

    9. Growth-inducing impact

      A CEQA topic NEPA does not require separately[2][31].

    Sources

    Where each statement comes from

    Each source was read on October 2, 2026.

    Show all 33 sources
    1. [1]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15220 - Projects also subject to NEPA: general. Legal Information Institute (Cornell Law School), California Code of Regulations.
    2. [2]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15221 - NEPA document ready before CEQA document. Legal Information Institute (Cornell Law School), California Code of Regulations.
    3. [3]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15222 - Preparation of joint documents. Legal Information Institute (Cornell Law School), California Code of Regulations.
    4. [4]Cal. Public Resources Code § 21083.5 - Use of an environmental impact statement in place of an EIR. California Legislative Information (leginfo.legislature.ca.gov).
    5. [5]Cal. Public Resources Code § 21083.7 - Projects requiring both an EIR and an EIS; consultation with the federal agency. California Legislative Information (leginfo.legislature.ca.gov), September 11, 2000.
    6. [6]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15229 - Baseline analysis for military base reuse plan EIRs. Legal Information Institute (Cornell Law School), California Code of Regulations.
    7. [7]42 U.S.C. 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts. United States Code, 2023 edition (GovInfo).
    8. [8]Fiscal Responsibility Act of 2023, Pub. L. 118-5, section 321 (BUILDER Act). GovInfo, June 3, 2023.
    9. [9]Agency NEPA Procedures and Contacts. Council on Environmental Quality, nepa.gov.
    10. [10]Removal of National Environmental Policy Act Implementing Regulations (interim final rule), 90 FR 10610. Council on Environmental Quality, Federal Register, February 25, 2025.
    11. [11]42 U.S.C. 4336a - Timely and unified Federal reviews. United States Code, 2023 edition (GovInfo).
    12. [12]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15108 - Completion and certification of EIR. Legal Information Institute (Cornell Law School), California Code of Regulations.
    13. [13]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15107 - Completion of negative declaration for certain private projects. Legal Information Institute (Cornell Law School), California Code of Regulations.
    14. [14]42 U.S.C. 4336e - Definitions. United States Code, 2023 edition (GovInfo).
    15. [15]NEPA Assignment. California Department of Transportation (Caltrans).
    16. [16]23 CFR 771.109 - Applicability and responsibilities (FHWA, FRA and FTA environmental procedures). Electronic Code of Federal Regulations (eCFR), current.
    17. [17]Cal. Public Resources Code § 21002 - Approval of projects; feasible alternatives or mitigation measures. California Legislative Information (leginfo.legislature.ca.gov).
    18. [18]Cal. Public Resources Code § 21081 - Findings required before approving a project with significant effects. California Legislative Information (leginfo.legislature.ca.gov), October 1, 1994.
    19. [19]Seven County Infrastructure Coalition v. Eagle County, No. 23-975 (opinion of the Court). Supreme Court of the United States, May 29, 2025.
    20. [20]42 U.S.C. 4336 - Procedure for determination of level of review. United States Code, 2023 edition (GovInfo).
    21. [21]Cal. Public Resources Code § 21080 - Projects subject to CEQA; negative declarations; environmental impact reports. California Legislative Information (leginfo.legislature.ca.gov), September 17, 2025.
    22. [22]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15141 - Page limits. Legal Information Institute (Cornell Law School), California Code of Regulations.
    23. [23]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15225 - Circulation of documents. Legal Information Institute (Cornell Law School), California Code of Regulations.
    24. [24]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15300 - Categorical exemptions. Legal Information Institute (Cornell Law School), California Code of Regulations.
    25. [25]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15061 - Review for exemption. Legal Information Institute (Cornell Law School), California Code of Regulations.
    26. [26]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15063 - Initial study. Legal Information Institute (Cornell Law School), California Code of Regulations.
    27. [27]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15223 - Consultation with federal agencies. Legal Information Institute (Cornell Law School), California Code of Regulations.
    28. [28]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15082 - Notice of preparation and determination of scope of EIR. Legal Information Institute (Cornell Law School), California Code of Regulations.
    29. [29]Cal. Public Resources Code § 21083.6 - Combined EIR-EIS; waiver of time limits. California Legislative Information (leginfo.legislature.ca.gov).
    30. [30]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15224 - Time limits. Legal Information Institute (Cornell Law School), California Code of Regulations.
    31. [31]Cal. Public Resources Code § 21100 - Environmental impact report; required contents. California Legislative Information (leginfo.legislature.ca.gov), September 30, 1994.
    32. [32]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15124 - Project description. Legal Information Institute (Cornell Law School), California Code of Regulations.
    33. [33]CEQA Guidelines, Cal. Code Regs., tit. 14, § 15125 - Environmental setting. Legal Information Institute (Cornell Law School), California Code of Regulations.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    Frequently asked questions

    • Each law has its own. A state or local agency leads under CEQA and a federal agency under NEPA; for FHWA-funded highway projects in California, Caltrans fills FHWA's NEPA role. NEPA also lets federal agencies appoint state or local agencies as joint lead agencies.

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