When is a CEQA EIR required, and how is it different from an EIS?
Under the fair argument standard, if the lead agency is presented with a fair argument that the project may have a significant effect, it prepares an EIR, even if other evidence points the other way; controversy alone is not enough[13]. An initial study usually comes first[14]; where agreed revisions clear the effects, a mitigated negative declaration takes the place of the EIR.
An EIR is not an EIS, NEPA's federal document[15]; a project needing both can share one joint document. Unlike NEPA, which mandates no particular result[16], CEQA bars approving a project as proposed if feasible mitigation or alternatives would substantially lessen its significant effects[17]. Massachusetts' MEPA also uses EIRs[18].
How long does an EIR take?
Usually more than a year. For the 235 projects whose first draft EIR reached the State Clearinghouse from October 2025 to September 2026, the median project took 389 days, about 13 months, from the notice of preparation; 52% took over a year and 21% over two[11][19][20]. Public review of the draft then ran a median 45 days, the State Clearinghouse minimum[10].
Approval typically follows about 7 months after the draft. Of projects whose first draft EIR was filed October 2023 to September 2024, 84% had the lead agency's notice of determination by September 2026: a median 207 days after the draft, and 648 days, about 21 months, after the NOP[11][21].
| Step | Median | Middle half | Projects |
|---|---|---|---|
| NOP to draft EIR (drafts filed Oct 2025 – Sep 2026) | 389 days | 231 to 652 days | 235 |
| Draft EIR public review (same drafts) | 45 days | 45 to 47 days | 249 |
| Draft EIR to the lead agency's NOD (drafts filed Oct 2023 – Sep 2024) | 207 days | 133 to 322 days | 251 |
| NOP to NOD (same projects) | 648 days | 442 to 943 days | 247 |
The notice of preparation, scoping and AB 52 tribal consultation
The lead agency sends a notice of preparation (NOP) describing the project, location and probable effects to LCI (formerly OPR) and to responsible, trustee and federal agencies[3][22], which have 30 days to say what the EIR must cover[23]. Projects of statewide, regional or areawide significance need a scoping meeting[3].
Under AB 52, an affiliated tribe that asked in writing gets notice within 14 days of a complete application or a decision to proceed, then has 30 days to request consultation, which must start within 30 days and before the EIR is released[24].
Draft EIR, final EIR, certification and the notice of determination
With the draft EIR done, the lead agency files a notice of completion[25], accepts comments, including by email[26], and answers significant environmental issues in writing[27]; the final EIR adds the comments and responses[28][29]. Before approval it certifies the final EIR[30] and makes findings on each significant effect[31][32]. Unavoidable effects need a statement of overriding considerations[33].
Within five working days of approval it files a notice of determination with the county clerk and State Clearinghouse, or LCI for a state agency[4][34][35], starting a 30-day window to sue[36] that our deadline calculator counts. Example: Fresno County approved Friant Ranch with a statement of overriding considerations for its air quality impacts; in 2018 the California Supreme Court held the EIR inadequate for not explaining their likely health effects[37].