California[edit]

California Environmental Quality Act[edit]

See also: Environmental policy in California

The California Environmental Quality Act (CEQA) was passed in 1970. The law requires that state and local agencies evaluate the environmental impacts of potential projects and outline whatever actions are feasible to mitigate or eliminate them. The law defines a "project" to be an action that either physically changes the environment or could be "reasonably foreseen" to change the environment indirectly. Examples of direct changes to the environment include public works construction or the clearing of land. Projects that can result in "indirect physical change" to the environment are not clearly defined in the law, but they can include any activities that involve zoning ordinances, state leases, state permits, state licenses, or other any other state certification issued by any public agency to an individual or business.^[3][4]

According to the California State Legislature, the intent in passing the law was to require "all agencies of the state government" to regulate the activities of individuals, corporations, and public agencies that may affect the "quality" of the environment. The California Attorney General oversees the law's implementation.^[5][6]

By law, every California city and county must have what is called a "general plan," which acts as a "blueprint" for that city or county's future development plans and includes the goals and specific policies of a particular community. According to the CEQA, these general plans act as a "project" subject to review by state authorities. According to the California Attorney General’s Office, A CEQA review of the general plan looks at the "big picture" of a community's long-term plans and objectives (such as land development, water use, and construction goals) so that its "vision" is aligned with the environmental requirements of the CEQA. The approval of these "general plans" varies by city and county, although individual city councils or county boards of supervisors are usually the ones to approve them.^[7]

Additionally, the California Environmental Quality Act requires state review of "the activities of private individuals, corporations and other public agencies" whose actions could impact the environment. All projects carried out by state agencies are subject to the same level of review as private projects that require approval from the state.^[8]

2009 climate change guidelines[edit]

In 2009, the CEQA guidelines were updated to require each community in California to consider how its general plan would affect its community-wide greenhouse gas emissions. Greenhouse gases are naturally present gases in the Earth’s atmosphere. They absorb and release infrared radiation, producing a warming effect that allows for life on Earth. Some scientists, however, have argued that the release of human-made greenhouse gases has contributed to global warming and subsequent changes in the climate. The CEQA guidelines require general plans in each community to perform the following actions:

Connecticut[edit]

Connecticut Environmental Policy Act[edit]

See also: Environmental policy in Connecticut

The Connecticut Environmental Policy Act (CEPA) was passed in 1973. It requires all proposed state actions to be identified and evaluated for their potential impact on the environment. Every Connecticut state department, institution, and agency is responsible for publishing an environmental assessment of proposed activities called an "Environmental Impact Evaluation" (EIE). These environmental assessments are required for the construction of coal-fired heating plants, hazardous waste disposal facilities, and sewage treatment plants. Some activities require a more substantial evaluation of their environmental impacts due to their size and scale, such as the construction of paved roads or lane additions to existing roads (exceeding $1 million) and changes to dams, rivers, or streams.^[10][11]

For most kinds of state activities that may require an environmental review, the agency responsible will conduct a preliminary process to seek out public comments and information from other state agencies even before a decision to publish an impact statement is made. Some agencies will hold public meetings where details of a proposed state activity will be presented, including its purpose, the potential sites for the project, and any potential alternatives to the activity. Every member of the public and all state agency representatives are allowed to comment on all potential environmental impacts. Comment periods last at least 30 days after a notice is announced or at least five days following a public meeting, if one is held. All environmental impact assessments are published on a state agency's website.^[12]

The Environmental Impact Evaluation (EIE) will include the statement of a proposed action, its purpose, and a description of the environment in the surrounding area that would be affected. Connecticut is required to include the impacts on the following environmental issues:^[12]

Georgia[edit]

Georgia Environmental Policy Act[edit]

See also: Environmental policy in Georgia

The Georgia Environmental Policy Act of 1991 (GEPA) is designed to protect cultural and environmental quality in Georgia from the impacts of a state government agency's actions. State government agencies include all state departments, boards, bureaus, and commissions. If a local government project is more than 50 percent funded by a state agency, or if a project involves state funds of $250,000 or more, then the law also applies to local government actions. State agencies must prepare an Environmental Effects Report (EER) for all projects that the head agency official determines could have an environmental impact, including impacts on archaeological or historical resources.^[13]

If a state agency official determines that a proposed state action could significantly affect the environment, the agency must prepare an Environmental Effects Report that includes the following:^[14]

• the environmental impact of the proposed government action
• alternatives to the proposed government action, including no action
• any adverse environmental effects that cannot be avoided if the proposed government action is undertaken
• mitigation measures proposed to avoid or minimize the adverse impact of the proposed government action
• the relationship between the value of the short-term uses of the environment involved in the proposed government action and the maintenance and enhancement of its long-term value
• the effect of the proposed government action on the quality and quantity of water supply
• the effect of the proposed government action on energy use or energy production
• any beneficial aspects of the proposed government action, both short-term and long-term, and its economic advantages and disadvantages

Hawaii[edit]

Hawaii Environmental Policy Act[edit]

See also: Environmental policy in Hawaii

The Hawaii Environmental Policy Act (HEPA) was passed in 1974. It helped establish the Hawaii Office of Environmental Quality Control (OEQC), a state agency that reviews the environmental, social, and economic impacts of proposed state projects and approves permits for those actions. Specifically, the law allows the Hawaii OEQC to approve proposed projects and activities based on what are called "triggers," which are nine conditions that involve some impact to the environment. They include the following:^[15][16][17]

• the use of state or county land, or state or county funds, for acquiring uncultivated land or property
• the use of any land that has been classified as a "conservation district" by Hawaii's land use commission
• any project that impacts a shoreline area
• any project within a historic site that has been designated as such in the Federal Register or Hawaii Register
• any project within the "Waikiki area" on the island of Oahu
• an amendment to any county general plans where the revised plan would result in designating land for a specific purpose other than agriculture, preservation, or conservation
• the reclassification of any land that has been previously named as a conservation district by the Hawaii state land use commission
• the construction, expansion, or modification of existing helicopter facilities
• the construction of new wastewater treatment plants, landfills, oil refineries, or facilities that generate power such as electricity

If a project meets one or more of these "triggers," then the Hawaii OEQC will take one of three options:

1. The agency may exempt the project from environmental review.
2. The agency may declare that no significant environmental impact will occur (after the agency has assessed the project's potential effects)
3. The agency will require an Environmental Impact Statement.

All environmental review documents, whether a project requires an extensive environmental evaluation or not, are made public on the Hawaii OEQC website.^[15]

Indiana[edit]

Indiana Environmental Policy Act[edit]

See also: Environmental policy in Indiana

The Indiana Environmental Policy Act (IEPA) was passed in 1972, two years after the National Environmental Policy Act was enacted. The IEPA requires an environmental impact analysis for all state actions that significantly affect the environment. The law is administered by the Indiana Department of Emergency Management. Indiana state agencies must first conduct a preliminary study about whether the IEPA applies to a state action; a significant number of state actions are exempted from an environmental impact analysis, including the following:^[2][18]

• Some actions of the Water Pollution Control Board, the Air Pollution Control Board, and the Solid Waste Management Board are categorically exempted from the IEPA, as are minor and emergency actions.
• State agencies that issue permits or licenses are exempt from the law.
• No local government actions, including construction and zoning, need to comply with the IEPA.

Maryland[edit]

Maryland Environmental Policy Act[edit]

See also: Environmental policy in Maryland

The Maryland Environmental Policy Act (MEPA) was passed in 1973 by the Maryland State Legislature. In contrast to the National Environmental Policy Act, the Maryland law requires a report of environmental effects of a proposed state action only when a state agency makes a request for legislative action. According to the law, a "proposed state action" means a request to the state legislature for appropriations or other actions that would potentially "alter the quality of the air, land or water resources" of Maryland. An environmental effects report must include a list of all proposed state actions that would affect "the environment, natural as well as socioeconomic and historic." This environmental report must list in detail the potential environmental effects of a proposed state action, which would include the beneficial and adverse environmental effects and how they would be handled by the state agency.^[19][20]

According to the law, an environmental effects report must also include the following:^[21]

• the effects of the state's action on the environment, including beneficial and harmful environmental effects
• potential steps to minimize the potentially harmful environmental effects and to maximize the beneficial ones
• all reasonable alternatives to the proposed state action that could have less harmful environmental effects or increased beneficial environmental effects (the report must also consider the alternative of no state action)

Massachusetts[edit]

Massachusetts Environmental Policy Act[edit]

See also: Environmental policy in Massachusetts

The Massachusetts Environmental Policy Act was enacted in 1977. It requires that all state agencies take into account the environmental impact of their proposed actions, including state decisions involving permits and financial assistance. Each state agency must "use all practicable means and measures to minimize damage to the environment." Since November 2008, all proposed state actions and decisions have had to take into account their potential impact on global warming and climate change, including additional greenhouse gas emissions and their potential effects.^[22][23][24]

Environmental impact reports must be prepared by the state agency proposing the action. For projects that require a permit or financial assistance from a state agency, the agency or the person seeking the permit or financial assistance must prepare the environmental report. The report must contain descriptions of the extent of the proposed action and its environmental impact, including a list of reasonable alternatives to the proposed action.^[22]

According to the law, "damage to the environment" includes any damage or impairment such as:^[23]

Minnesota[edit]

Minnesota Environmental Policy Act[edit]

See also: Environmental policy in Minnesota

The Minnesota Environmental Policy Act was passed by the Minnesota State Legislature in 1973. The law requires that all proposed state actions, in addition to some private activities, be evaluated for their impact on the environment. The first step is for the state agency to complete an "Environmental Assessment Worksheet," which is a preliminary report used to judge whether an agency's action could potentially impact the environment. If the action does not result in any environmental impact, then nothing else is needed. If the action is likely to have an impact, state agencies must prepare an "Environmental Impact Statement," which contains the nature and extent of the environmental impacts.^[25][26]

The environmental impact statement must be "an analytical rather than encyclopedia document" that describes how a state action will specifically impact the environment, discusses all alternatives to the state action and their impacts, and concludes with the methods to be used for mitigating the unavoidable adverse environmental impacts. The statement must also take into account the "economic, employment and sociological effects" of a state action.^[25]

Unlike other states' environmental policy acts, Minnesota's law requires an Environmental Impact Statement for all major state government and all major private actions that may have an environmental impact (a major private action is defined as a project that has more than just local significance). They include the following:^[26]

• all state and local agency actions
• private actions involving new agricultural operations
• actions of greater than local significance as a result of a citizen petition with at least 500 Minnesota voter signatures

Other projects are exempt from an environmental impact analysis, whether or not they affect the environment, such as the following:^[26]

• feedlots
• mixed-use residential and industrial commercial developments
• campgrounds
• highway projects
• nonmetallic mineral mining
• ethanol plants
• sports facilities

Montana[edit]

Montana Environmental Policy Act[edit]

See also: Environmental policy in Montana

The Montana State Legislature passed the Montana Environmental Policy Act in 1971. In addition to establishing the Montana Environmental Quality Council, the law requires that all major actions of the state government be evaluated for their environmental impacts. All Montana state agencies must prepare an environmental review for projects, programs, activities, or other actions that may involve a government subsidy or grant, or a state permit or license, and that may be anticipated to have an impact on the environment.^[27][28]

If the state agency's action is expected to have an impact on the environment (either beneficial or adverse, or both), some form of environmental review is required. Usually two key factors determine whether an environmental impact is significant: First, the agency must determine the scope of the action, project, or program. Second, the agency must assess the characteristics of the location in which the action would occur. These two decisions are made on the basis of the following factors:^[28]

• the severity, duration, geographic extent, and frequency of the potential environmental impact
• the probability that the environmental impact will occur if the proposed action goes into effect or, conversely, the reasonable assurance that the impact will not occur
• how the impact will accumulate over a certain period of time
• the quantity and quality of the environmental resources that would be affected
• the importance to the state and to society of each environmental resource affected
• any precedent that would be set as a result of a state action's impact, including whether it would commit the Montana state government to future actions with future impacts
• potential conflict with local, state, or federal laws or requirements

New Jersey[edit]

New Jersey Executive Order 215[edit]

See also: Environmental policy in New Jersey

Former New Jersey Governor Thomas Kean (R) signed Executive Order 215 in 1989. The order serves as New Jersey's equivalent to other states' environmental policy acts. All state agencies, state departments, and other state authorities of New Jersey must prepare either an environmental assessment report (EA) or an environmental impact statement (EIS) for the New Jersey Department of Environmental Protection for all major state projects. Typically, environmental assessments (EA) are prepared for smaller, less expensive projects, while environmental impact statements (EIS) are used for larger, more expensive projects.^[29]

The goal of the executive order is "to reduce or eliminate any potential adverse environmental impacts of projects initiated or funded by the State." State agencies that propose major construction projects or grant at least 20 percent financial assistance to a project must prepare either an environmental assessment or an environmental impact statement.^[29]

The main differences between an environmental assessment and an environmental impact statement, and between the projects to which they apply, include the following:^[29]

• An environmental assessment (EA) is less comprehensive and less extensive than an environmental impact statement. The assessment does not need to contain an analysis of proposed alternatives to a particular project, although the level of project description and accompanying material (graphs, site plants, maps, and more) will be similar to an environmental impact statement. Altogether, the EA is more brief and less analytical than the environmental impact statement.
• An environmental impact statement (EIS) will cover the same issues as an environmental assessment but will include greater comprehensiveness and detail, especially regarding the descriptions and analyses of the potential environmental impacts. The most significant difference is that an EIS must include a list and description of all alternatives to the proposed project.

The executive order also lays out the two criteria on which kind of environmental review is needed:^[29]

• A Level 1 project is expected to have construction costs totaling more than $1 million but less than $5 million and requires an environmental assessment.
• A Level 2 project is expected to have construction costs totaling more than $5 million and to affect more than five acres. These projects require an environmental impact statement.

New York[edit]

New York Environmental Quality Review Act[edit]

See also: Environmental policy in New York

New York's State Environmental Quality Review Act (SEQR) was implemented in 1978. It requires all state and local government agencies to balance the environmental, social, and economic dimensions of their decisions involving government approval or funding for an action or project, although the law does not specifically say what this balance looks like in practice. The law also states that all agencies must look at the environmental significance of the projects they have discretion to approve, undertake, or fund. Usually an "Environmental Impact Statement" (EIS) must be written for state projects that could potentially have adverse environmental impacts. Private parties seeking government approval or funding may also be required to prepare an EIS.^[30]

Most activities or projects proposed by the state government or a unit of local government, including permit approvals by both levels of government, require an Environmental Impact Statement. The statement is a description and analysis of a proposed government action that could have an impact on the environment. It must include the following details:^[31]

• a description of the action, including its need and benefits
• a description of the environmental setting and the areas that will be affected
• a report of all environmental impacts related to the proposed government action
• an analysis of all reasonable alternatives to the proposed government action
• identification of the ways to reduce or avoid the adverse environmental effects

There are government actions that never require an Environmental Impact Statement. They include the following examples:

• the replacement or rebuilding of facilities on the same site
• small structures, such as garages, home swimming pools, or barns, that involve a routine permit and license renewal with no significant alteration to them
• the construction or expansion of nonresidential structures less than 4,000 square feet
• routine activities of educational institutions, such as the expansion of existing facilities by less than 10,000 square feet
• emergency actions
• repair and maintenance activities

If a government agency improperly allows a project under the environmental review law to go forward, or if it makes an improper decision during the process and does not perform the proper environmental review, the agency may be sued by citizens or groups that can show that they have been "harmed" by the government's improper activities. Courts are allowed to revoke government projects and require a new environmental review under the State Environmental Quality Review Act.^[32]

North Carolina[edit]

North Carolina Environmental Policy Act[edit]

See also: Environmental policy in North Carolina

The North Carolina Environmental Policy Act (also called the State Environmental Policy Act in the state) was passed in 1971. It requires state agencies to review and report the environmental impact of all state actions, expenditures used, or the private use of public land that could affect any of the state's natural resources, public health, natural beauty, or historical and cultural elements. The North Carolina Department of Environment and Natural Resources' criteria to determine what projects require an environmental impact study are based on the type of project or activity and its size. All state agencies that fund or approve a state project are responsible for complying with the law. Proposed projects or activities require either an "Environmental Assessment" (EA) or an "Environmental Impact Statement" (EIS). Environmental assessments document the potential environmental impacts of the proposed project, but if there is no significant environmental impact found, then no more work is needed. If there will be a significant environmental impact, then an EIS must be prepared.^[33]

South Dakota[edit]

South Dakota Environmental Policy Act[edit]

See also: Environmental policy in South Dakota

The South Dakota Environmental Policy Act was passed in 1974. It requires an environmental impact statement (EIS) for all major state actions. The EIS must contain detailed information on the environmental effects of a proposed action, list the ways in which an adverse environmental effect can be minimized, and suggest alternative actions. All state agencies, departments, offices, boards, and commissions are required under the law to prepare these statements for major projects or activities.^[34]

The major state actions that are subject to the environmental policy act include all new and continuing activities or projects undertaken directly by a state agency or supported through state contracts, grants, subsidies, loans, or other state funding. These activities can include projects that require state leases, permits, certificates, or licenses. Before an environmental impact statement is prepared, the state agency must hold public meetings in the county where the action is going to take place. The meetings serve as a forum for public input on what should be included in the environmental impact statement. Once a draft of the statement is completed, it must be distributed to federal and state agencies as well as the public. All comments to the draft must be incorporated into the statement and made available for public comments for at least 30 days before any further action can be taken.^[35]

The environmental impact statement is required to have the following elements:^[36]

• a description of the proposed action and its environmental setting
• the environmental impact of the proposed action including short-term and long-term effects
• any adverse environmental effects that cannot be avoided if the proposal is implemented
• alternatives to the proposed action
• any irreversible and irretrievable commitments of resources that would be involved in the proposed action if it is implemented
• mitigation measures proposed to minimize the environmental impact
• the growth-inducing aspects of the proposed action, such as its economic value

Virginia[edit]

Virginia Code (sections 10.1-10.1188)[edit]

See also: Environmental policy in Virginia

Sections 10.1-10.1188 were added to the Virginia Code in 1973. The sections require all state agencies to prepare and submit an environmental impact report (EIR) for their major projects. The report must identify and evaluate the environmental effects of proposed state activities, including the construction of facilities that will cost $500,000 or more. The requirement also covers acquisition of land for construction, which includes leases, and the expansion of existing facilities. State agencies are also required to consider alternative actions and mitigation measures that would avoid or reduce the environmental impact. EIRs are reviewed by the Virginia Department of Environmental Quality and other state agencies, which make recommendations on the projects proposed. No state funds will be used for any projects that have not received the written approval of the Governor of Virginia and the consideration of the environmental impact of a project.^[37][38]

Washington[edit]

Washington Environmental Policy Act[edit]

See also: Environmental policy in Washington

The Washington Environmental Policy Act (also called the State Environmental Policy Act, or SEPA) was passed in 1971. It requires state and local agencies in Washington to gauge all possible environmental impacts of potential state decisions such as the following activities:^[39]

• permits for private projects such as office buildings, grocery stores, and apartment complexes
• public facilities such as new schools, water pipelines, and highways
• regulations, policies, and plans such as county or city comprehensive plans, critical area ordinances, and water quality regulations

The Washington SEPA applies to all state and local agencies, including Washington state agencies, city governments, county governments, ports, and special districts such as water and school districts. Environmental impact studies are meant to give state and local agencies an overview of the potentially adverse environmental impacts of a proposed project. These studies will also allow the agencies to consider changes to project proposals to reduce potential impacts. When creating the studies, agencies are required to adopt a "systematic, interdisciplinary approach" that utilizes "the natural and social sciences and the environmental design arts" in state planning and decision making. Each environmental impact study will include information on the specific environmental impacts of a proposed state action, any potential alternatives to the action, and how the state plans to mitigate the environmental impacts of its proposed action.^[40]

State and local projects that may require an environmental impact study include new construction projects, demolitions, and landfills, as well as projects that involve the use of natural resources such as natural gas, electricity, solar energy, or oil. They can also include proposals such as zoning and development regulations. Some local governments may have the option to exempt minor construction projects from an environmental review depending on their scale and size.^[40]

Wisconsin[edit]

Wisconsin Environmental Policy Act[edit]

See also: Environmental policy in Wisconsin

The Wisconsin Environmental Policy Act (WEPA) was passed in 1974. It requires state agencies to consider the environmental effects of their decision-making and policies. All state agencies are required to gather the relevant environmental information about a proposed project and consider it when making policy and project decisions. Each agency must also look at potential alternatives to proposed state actions. For the Wisconsin Department of Natural Resources in particular, the law requires that the agency consider alternative approaches to its policies and projects in the case of unavoidable environmental impacts. Each individual project must have a statement of environmental concerns containing detailed analyses as required by the law.^[41]

An environmental statement must include the most relevant information on the environmental impact of legislative proposals and major actions. The statement must also include the following components:

• a summary of the environmental impact of the proposed action
• a list of all the adverse environmental effects that cannot be avoided if the project goes forward
• all alternatives to the proposed state action
• a description of the relationship between local, short-term uses of the environment involved with a state project and the long-term plan for the project, which includes maintenance and enhancement
• a list of all "irreversible and irretrievable commitments" of resources that would be involved if the proposed action goes forward
• a detailed list of the beneficial elements of a proposed project, short-term and long-term, including the economic advantages and disadvantages of the project