WHAT IS THE DIFFERENCE BETWEEN AN EIR AND A NEGATIVE DECLARATION (NEG. DEC.)?

• A Negative Declaration is a document that states upon completion of an initial study, that there is no substantial evidence that the project may have a significant effect on the environment.
  
• An EIR is an informational document which will inform the public agency decision-makers and the public generally of:
  • the significant environmental effects of a project
  • possible ways to minimize significant effects
  • reasonable alternatives to the project

HOW DOES THE AGENCY DECIDE?

• A Negative Declaration can be prepared only when there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment. (PRC §21080(c)), (14 C.C.R. §15070)
  
• An EIR must be prepared when there is substantial evidence in the record that supports a fair argument that significant effects may occur. (PRC §21080(d))
• The existence of controversy over the effects of a project does not require preparation of an EIR if there is no substantial evidence in the record that the project may have a significant environmental effect. (PRC §21082.2)

STATUTORY REFERENCES

Negative Declarations | Public Resources Code §21080

Decision to Prepare a Negative or Mitigated Negative Declaration | 14 California Code of Regulations §15070

SELECTED CASE LAW

• No Oil, Inc. v. City of Los Angeles(1974) 13 Cal.3d 68
• Friends of B Street v. City of Hayward(1980) 106 Cal.App.3d 988
• Oro Fino Gold Mining Corp. v. City of El Dorado(1990) 225 Cal.App.3d 872

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