Substantial Evidence & Significant Impact

The decision to prepare a Negative Declaration or an Environmental Impact Report is one of the most critical aspects of the environmental review process under CEQA. An EIR is required when it can be fairly argued that there is substantial evidence in the record that a project may have a significant effect on the environment. Otherwise, a Negative Declaration may be prepared.

Accordingly, in determining whether a negative declaration or EIR is to be prepared, an important test must be made as to whether or not there is substantial evidence that there may be a significant impact.

It is important to note that the existence of public controversy over the environmental effects of a project will not require preparation of an EIR if there is no substantial evidence before the agency that the project may have a significant effect on the environment.  In addition, evidence of economic and social impacts that do not contribute to or are not caused by physical changes in the environment is not substantial evidence that the project may have a significant effect on the environment.

This discussion is intended to be a general information tool on two important tests to determine whether a project can be processed under a Negative Declaration or whether an EIR is required.

Should you have any questions about a project’s environmental review, you are urged to contact the Planning Department so that any issues can be identified and addressed at the earliest possible time in the review process.