Responsible Agency's
Response to Informal Consultation Regarding an Initial Study

Lead Agency Consultation with Responsible Agencies

  • Upon determining that an initial study is required, the lead agency shall consult informally with all responsible agencies and trustee agencies to obtain the recommendations of those agencies as to whether an EIR or negative declaration should be prepared.

Purpose for Consultation

  • To assist the lead agency in preparing adequate environmental documents for the project
  • Comments from agencies may constitute substantial evidence supporting a fair argument that a project may have a significant effect on the environment.
  • To ensure that the environmental documents which the responsible agency will later use are in compliance with CEQA.

Response to Consultation

  • Responsible agency explains its reasons for recommending whether a lead agency should prepare and EIR or a negative declaration.
  • If the responsible agency disagrees with the lead agency's decision to prepare a negative declaration, the agency should:
    • Identify the significant effects on which it bases its disagreement; and
    • Recommend either that an EIR be prepared or that the project be modified so as to eliminate the significant effects.

SELECTED STATUTORY REFERENCES

Definition of Responsible Agency | Public Resources Code §21069
Consultation with Responsible Agencies | Public Resources Code §21080.3

SELECTED GUIDELINES REFERENCES

Consultation with Responsible Agencies | 14 California Code of Regulations §15063(g)
Response to Consultation | 14 California Code of Regulations §15096(b)
Definition of Responsible Agency | 14 California Code of Regulations §15381

SELECTED CASES

San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1996) 42 Cal.App.4th 608
Stanislaus Audubon Society, Inc. v. County fo Stanislaus(1995) 33 Cal.App.4th 144

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