As wildfire risk continues to escalate across California, local governments face growing pressure to act quickly — often within a regulatory landscape that can feel complex and restrictive. In the final installment of a four-part wildfire risk reduction webinar series, Renne Public Law Group (RPLG), Renne Public Management Group (RPMG) and the Institute for Local Government (ILG) hosted “Ch-Ch-Changes: CEQA and How It Impacts Your Wildfire Risk Reduction Efforts,” on January 26. The webinar was designed to help local government leaders better understand how recent changes to the California Environmental Quality Act (CEQA) can help agencies move from planning to action.
RPMG Consultant and retired Moraga-Orinda Fire District Chief Dave Winnacker opened the discussion by grounding CEQA considerations in the reality of modern wildfire behavior.
While defensible space and home hardening have long been part of California law, today’s greatest threat often arises when fast-moving wildfire transitions into dense neighborhoods and spreads structure-to-structure. Once that transition occurs, fire behavior can overwhelm suppression resources, making early intervention critical. Effective wildfire risk reduction, Dave emphasized, focuses on interrupting that transition by increasing the time it takes fire to reach the built environment, protecting evacuation routes and critical infrastructure and prioritizing treatments that measurably reduce community-wide risk.
Next, Kathryn Oehlschlager, a partner at Stoel Rives LLP, provided a practical overview of how CEQA applies to wildfire risk reduction efforts. She noted that while CEQA serves the essential purpose of informing decision-makers and the public about environmental impacts, it has also become one of the most litigated environmental laws in the country. As a result, many agencies hesitate to pursue even well-designed prevention projects.
That hesitation, she said, often stems from misunderstanding. CEQA offers multiple compliance pathways, including statutory and categorical exemptions, negative declarations and environmental impact reports (EIR). Selecting the right approach depends on the scope of the project, its environmental context and the likelihood of opposition.
For controversial or high-profile projects, Kathryn noted that agencies sometimes choose to prepare an EIR even when it is not strictly required, because courts must defer to agency conclusions in EIR-based litigation. For other projects, well-supported exemptions can significantly reduce cost and timelines if agencies build a strong administrative record.
The webinar also highlighted several CEQA tools particularly relevant to wildfire risk reduction, including a new statutory exemption enacted in 2025 specifically for wildfire prevention projects. The exemption covers activities such as defensible space creation, roadside fuel reduction and evacuation route protection, offering agencies new flexibility to act proactively.
Kathryn cautioned, however, that exemptions are not “free passes.” Agencies must document why a project qualifies and why exemption exceptions such as unusual circumstances or cumulative impacts do not apply. Courts typically evaluate whether agencies exercised sound discretion based on the evidence available at the time of approval.
The speakers also discussed the California Vegetation Treatment Program (CalVTP), a statewide programmatic EIR that allows qualifying local projects to tier from prior environmental analysis. While recent litigation limited CalVTP’s applicability in certain chaparral and coastal sage scrub areas, it remains a valuable tool for many projects when paired with appropriate project-specific analysis.
The importance of thoughtful project design was a recurring theme throughout the webinar. Engaging environmental expertise early, understanding sensitive habitats and incorporating best management practices can reduce both environmental impacts and legal risk. Clear modification and alternate-means provisions like allowing property owners to propose equivalent compliance approaches also help agencies balance wildfire safety with environmental protection.
Equally important, Dave and Kathryn emphasized, is focusing on outcomes rather than activity alone. Acres treated or dollars spent are less meaningful than measurable reductions in risk, improved evacuation reliability and increased resistance to ember-driven fire spread.
As the webinar series concluded, they encouraged participants to view CEQA not as an obstacle, but as a framework that — when understood and applied strategically — can support urgent wildfire risk reduction efforts. With recent legislative changes and growing legal precedent, local governments have more tools than ever to advance projects that protect lives, property and the environment.
Recordings and materials from all four wildfire risk reduction webinars are available through ILG, providing ongoing resources for agencies navigating these complex and consequential decisions. For more information, visit CA-ILG.org/Wildfire.
ILG is a nonprofit nonpartisan organization that supports local governments with tackling their most pressing issues. As the nonprofit affiliate of the League of California Cities, the California State Association of Counties and the California Special Districts Association, ILG proudly serves municipalities throughout California.
RPLG, a Platinum-Level sponsor of ILG, practices throughout California, advising and advocating for public agencies, nonprofit entities, individuals and private entities in need of effective, responsive and creative legal solutions.