Influencing Environmental Decision-Making Under CEQA Continued...
The agency can find on the basis of substantial evidence in the record that:
1.Changes to the project are within another agency's jurisdiction, and such changes have been or should be adopted; 2.Specific economic, social, legal, technical or other considerations, make the mitigation measure or alternative infeasible; or 3.The project has been changed to avoid or substantially reduce the magnitude of the impact. Members of the public are free to comment on any aspect of a proposed project under CEQA.As a general rule, public and organizational comments need address only the sufficiency of the document in identifying potential environmental impacts and the proposed methods to avoid or mitigate those impacts. The public and organizations can also provide substantial insight to whether or not the alternatives have been evaluated by a fair, objective process in accordance with standard practices. Disagreements among experts concerning the significance of a proposed project's environmental consequences and mitigation methods are often brought out during the public participation process. These disagreements do not have to be resolved in order to certify EIR findings.The lead agency that issued the draft EIR is only required to summarize the main points of disagreement and explain which facts were instrumental in making its choice of opinions offered by the experts. Comments from the public can carry the weight of an "expert" in CEQA proceedings provided that the factual backup for opinions is cited or presented for inclusion in the administrative record.You must follow the same rules of evidence as those practiced by experts.Personal observations of local environmental conditions, historical knowledge and actual experience with similar projects are important considerations best brought up during the initial analysis period referred to as the scoping process, which follows the announcement that an EIR or mitigated negative declaration (MND) will be prepared. Once the draft EIR or MND has been released for final public comment, it becomes almost impossible to stop the proposed project or change its core components.However, public comments can still greatly influence the decision-making body by identifying additional or more palatable mitigation measures. Comments can be framed around the three possible categories for statements of findings outlined above and supported with substantial evidence -- photographs, published technical documents, etc. To make the strongest points with decision-makers, submit a written summary of your comments with evidence attached.At the hearing, identify yourself, briefly state your qualifications for making the comment and indicate that you have submitted written materials for their consideration.