Legal Resources | | T14 15040
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 3. Authorities Granted to Public Agencies by CEQA Authority Provided by CEQA.
(a) CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws.
(b) CEQA does not grant an agency new powers independent of the powers granted to the agency by other laws.
(c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. Prior to January 1, 1983, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment. Effective January 1, 1983, CEQA provides express authority to do so.
(d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA, but the exercise must be within the scope of the power.
(e) The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws.
Authority cited:
Public Resources Code 21083
Reference:
Public Resources Code 21000
Public Resources Code 21001
Public Resources Code 21002
Public Resources Code 21002.1
Public Resources Code 21004
Sect. 4, Ch. 1438, Statutes of 1982
Golden Gate Bridge, Etc., Dist. v. Muzzi, (1978) 83 Cal. App. 3d 707
E.D.F. v. Mathews, 410 F. Supp. 336, 339 (D.D.C., 1976)
Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. 3d 247
Pinewood Investors v. City of Oxnard (1982) 133 Cal. App. 3d 1030.
(Amended by Register 2005, No. 40.)