CEQA: California's last line of defense against Trump's environmental rollbacks

The Trump administration has embarked on a full-out attack on environmental policies that have protected Americans - and America's extraordinary natural resources - for generations. 

On the day of his inauguration, President Trump signed an executive order to revoke Council on Economic Quality (CEQ) regulations that implement the National Environmental Policy Act (NEPA) and directed federal agencies to fast-track energy exploration and production for coal, gas and oil. Trump also took immediate action to withdraw the U.S. from the Paris Climate Agreement, declared an "energy emergency" to bypass the protections of the Endangered Species Act and the Clean Water Act, and rescinded federal policies that support renewable energy, low-emission vehicles and environmental justice.  

For five decades, the California Environmental Quality Act (CEQA) has kept our communities safe and healthy and protected California's coastlines, forests, wildlife and farmland. But in recent years, developer and industry groups have launched a similar campaign to weaken CEQA. This year is no exception. For example, a bill recently introduced in the state Senate (SB 607) seeks to dramatically weaken CEQA's requirement for environmental impact reports (EIRs), which the California Supreme Court has called the "heart of CEQA" and an "environmental 'alarm bell' whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return." Cleveland National Forest Foundation v. San Diego Ass'n of Governments, 3 Cal. 5th 497, 511 (2017).

This is not the time to back down from California's nation-leading commitment to environmental protection. With our federal environmental laws under assault, California legislators must keep CEQA strong.             

With NEPA under attack, CEQA is key to protecting our communities and environment

In adopting NEPA, a bipartisan Congress declared that the federal government must act as a "trustee of the environment for succeeding generations" and assure safe and healthful surroundings for all Americans. 42 U.S.C. § 4331. For nearly 50 years, the CEQ's NEPA regulations have helped ensure that federal agencies act in accordance with these lofty American goals.

Trump's executive order "Unleashing American Energy" signals his intent to abolish longstanding CEQ regulations and other environmental initiatives. The order makes no mention of any environmental or public health goals, but instead declares that, under future CEQ guidance, federal agencies must "prioritize efficiency and certainty over any other objectives" and expedite permitting for energy exploration and production. Trump also took action to weaken protections for endangered species, wetlands, and water quality by invoking an energy "emergency."

Trump's nominations to key federal agencies, like the newly appointed Secretary of Interior, Doug Burgum, and Bureau of Land Management director nominee, Kathleen Sgamma, have longstanding ties to the fossil fuel and fracking industry. At the same time, the Trump Administration is cutting experienced staff at the Environmental Protection Agency and other agencies and slashing funding for environmental programs. These actions not only threaten hundreds of millions of acres of federal parks, forests, rangelands, and deserts but also undermine environmental protection in every state. 

With federal agencies ordered to de-prioritize and even actively undermine environmental protection, California can no longer rely on NEPA and other federal statutes to protect its resources. CEQA--California's own version of NEPA--is the state's best defense in the face of the Trump Administration's assault.  

Keeping CEQA strong is critical to defending California's communities, wildlife, and open spaces. Projects that require federal and state approval, such as freeways, airports, and major water projects, typically must comply with both NEPA and CEQA. If NEPA is eviscerated or unenforced, CEQA will serve as the primary backstop to ensure these projects receive meaningful public review and minimize environmental damage. 

CEQA recently played this role in a challenge to a large air cargo facility proposed at the San Bernardino International Airport. While the Ninth Circuit upheld the Federal Aviation Agency's decision not to prepare a full environmental impact statement under NEPA, the local airport authority had already prepared an EIR under CEQA. Center for Community Action & Environmental Justice v. Fed. Aviation Admin., 18 F.4th 592, 605 (9th Cir. 2021). Thanks to CEQA, the proponent was required to disclose and consider mitigation for the project's air pollution, greenhouse gas emissions, and noise - issues that were critical to the surrounding community - even in the absence of thorough NEPA review.  

This sort of scenario is likely to play out repeatedly under the Trump Administration. For example, Trump's executive order declares it federal policy to expand energy production, including on the outer continental shelf. Even if the Administration approves drilling on federal lands within California or off the California coast, new energy infrastructure and drilling on non-federal property may require the approval of state and local agencies. CEQA would ensure that these approvals can be issued only after potential environmental harms - like major oil spills - are brought to light, fully analyzed, and avoided to the extent possible. 

Similarly, under the Trump Administration, there is a risk that the U.S. Fish and Wildlife Service will abandon its longstanding mission to "manage fish and wildlife resources in the public trust for people today and future generations." If this happens, CEQA would still give Californians the right to know how new developments requiring Fish and Wildlife Service permits will impact rare plant and wildlife habitat, and what measures can be taken to minimize this harm. 

CEQA supports California's climate goals and prepares it for wildfires and droughts

California recognizes that decisive action is needed to combat the threat of climate change and has led the states - and the world - in moving toward renewable energy and away from fossil fuels. Governor Newsom and our Legislature have set a goal to reduce greenhouse gas emissions (GHGs) by 85% below 1990 levels and achieve net-zero emissions by 2045. These goals are widely supported by Californians, who are already seeing the impacts of climate change in catastrophic wildfires, record-setting heat waves, and changing rain patterns.

The Trump Administration wants to take the country backwards. The Administration's first actions were to direct federal agencies to fast-track exploration and production for fossil fuels like oil, natural gas, and coal. Trump also took steps to withdraw the U.S. from the Paris Climate Agreement and dismantle federal actions to reduce GHGs. In 2025, a quarter of electricity generated in the U.S. is expected to be from renewable energy sources, and small-scale solar (like rooftop solar) is growing rapidly. Yet despite declaring an energy "emergency," the Trump Administration has shown an unrelenting hostility to wind and solar energy production. And it is thwarting efforts to reduce American dependence on fossil fuels by gutting federal support for electric vehicles and high-efficiency appliances - areas where California leads the way. 

CEQA will make sure California stays on the only responsible path - toward a greener and more sustainable economy. CEQA is central to California's climate policy because it requires GHG emissions for private and government projects to be evaluated and reduced whenever possible. The courts have enforced these mandates, requiring that agencies quantify and reduce GHG emissions in projects ranging from oil refineries and major port operations to transportation infrastructure and large office complexes.

CEQA enforcement has resulted in concrete, on-the-ground changes. For example, an action to enforce CEQA resulted in Newhall Ranch, one of the largest residential projects ever approved in Los Angeles County, incorporating zero net-energy buildings, solar generation, electric vehicle chargers and other measures that cut total GHG emissions nearly in half. In response to another CEQA enforcement action, two Walmart Supercenters in the Inland Empire agreed to install rooftop solar panels, efficient heating and cooling systems, and LED lighting.

CEQA is also a critical tool in helping California prepare for the effects of climate change, like drought and catastrophic wildfires. CEQA requires governments to consider whether their actions will threaten groundwater, drinking water quality, and water supply - both now and in future drought conditions.

With climate change, the kind of extreme drought conditions that contributed to the recent Los Angeles fires will only get worse. CEQA mandates that new housing proposals in remote, fire-prone areas consider the risks to future residents. CEQA's transparent review process allows the public to protect community safety by making sure new developments comply with the fire codes, limit dead-end roads, provide emergency exits, and use fire-resistant housing materials and landscaping. A recent appellate decision, for example, held that an environmental impact report for a 16,000-acre luxury resort in Lake County violated CEQA because it failed to outline how the development would increase the risks of wildfire or explain how its wildfire plan would reduce them. People ex rel. Bonta v. County of Lake, 105 Cal. App. 5th 1222, 1230-36 (2024). The case was brought by the California Attorney General, along with major environmental organizations.

The Trump Administration has made clear that it prioritizes the oil and gas industry over the environment and that it will do little or nothing to reduce our country's GHG emissions. California and other states must intensify their efforts to combat climate change. In California, a strong CEQA is vital to meet this challenge.

CEQA safeguards the health and safety of vulnerable communities

For over 30 years, federal agencies have recognized that polluting industries and toxic waste facilities have historically been located in low-income communities and communities of color. The federal government has worked to ensure "environmental justice" by identifying areas that are already overburdened by industrial pollution, investing in cleaner technology in these communities, and making sure agency actions protect the health of all Americans, not just those in mostly white neighborhoods and privileged zip codes. 

On his second day in office, President Trump abruptly reversed these policies. He began by revoking a 1994 executive order by President Clinton requiring federal agencies to consider whether the pollution and health impacts of federal projects fell disproportionately on low-income or minority communities. The Administration also eliminated environmental justice offices and removed Justice40, a web-based tool that identified disadvantaged communities to be prioritized in federal investments in transit, sustainable housing, and pollution cleanup. Federal agencies approving polluting facilities - oil refineries, freeways, rail yards - will no longer need to assess whether the pollution will fall on communities already dealing with a racist legacy of disproportionate air and water pollution, noise, and traffic.

The Trump Administration's reversal undermines California policy to ensure basic fairness in land use decisions. As the California AG explains, "Every Californian should have the opportunity to live in a community that is healthy and safe. This is especially true for low-income communities and communities of color, who suffer disproportionate exposure to pollution and the corresponding health impacts from that exposure." The AG's website lists CEQA as the top state law used to advance these goals, and numerous cases show why.

In 2024, for example, a court rescinded San Bernadino County's approval of a massive warehouse near Bloomington. The Inland Empire's explosive boom in new warehouses has transformed the low-income community of Bloomington into an industrial landscape with a pollution burden higher than 94% of the state. Under the court's CEQA order, the County may reapprove the project only if it fully analyzes the warehouse project's air pollution, noise, and public health impacts and takes measures to reduce them.

Similarly, in northern California, environmental groups challenged the enormous Phillips 66 biofuels refinery, which operates 24 hours a day, seven days a week, near homes and schools in the City of Richmond. The court ruled that Contra Costa County had violated CEQA by failing to reduce the noxious odors that were harming the community.

And in the Central Valley, a South Fresno community used the CEQA process to improve an Amazon warehouse project that would add a million vehicle trips per year - mostly heavy truck traffic - to local streets shared by children going to their neighborhood elementary school. The developer ultimately agreed to limit truck idling, reroute traffic away from schools, install solar panels, and provide important community benefits like tree planting, air quality monitoring, dust reduction and dual-paned windows to reduce noise.

California is dedicated to correcting past injustices and ensuring they are not repeated. The Trump Administration has made clear it does not share these values. An effective and enforceable CEQA protects all Californians, including our most vulnerable communities.

California must uphold its environmental values and laws

CEQA has been in place for over 50 years, a time during which California rose to become the fifth largest economy in the world. A strong CEQA protects every Californian's right to clean air and water, safe communities, and beautiful open spaces, and keeps us on the path to a greener and more resilient future. CEQA gives Californians a voice.

At a time when democracy itself is under attack, CEQA is fundamentally democratic by design: it provides every member of the public with basic information about new projects, lets them ask questions, seeks science-based answers, and makes sure that state and local governments know the environmental consequences of their actions and reduce them whenever possible.

CEQA's open public process and commitment to safeguarding human health and our unparalleled natural resources reflect widely shared Californian values. In the face of the Trump Administration's unprecedented assault on our environment, California needs CEQA more than ever.  

Kevin P. Bundy is a partner at Shute, Mihaly & Weinberger, LLP, and Jennifer Ganata is the legal department co-director for Communities for a Better Environment.