CEQA and NEPA. Permittee shall, at its sole Cost and expense, pay for all Costs of environmental review required under CEQA and NEPA (as reasonably determined by the Port in its sole discretion as the CEQA lead or responsible Governmental Authority and as specifically required for any project proposed by Permittee) prior to any Authorization (including the Port building permit and other approvals described in Section 18(b) above, including Costs attributable to in-house environmental staff time, outside consultants, studies, in-house and outside attorneys’ fees and testing or monitoring, preparation of any Documents that the Port deems necessary, in its sole discretion, and the preparation, publication/circulation and filing of notices to comply with CEQA and NEPA). The selection of any and all private entities involved in preparing environmental review Documents must be approved by the Port. In exercising its independent judgment as to the adequacy of any environmental review Document, the Port, in its sole discretion, may require any number of administrative drafts, including multiple screenchecks. Permittee shall cooperate with, and provide all necessary information to, the Port for the completion of any environmental analysis, study, or report deemed necessary under CEQA or NEPA by the Port at its sole discretion as the CEQA lead or responsible Governmental Authority. The Port retains its discretion as the CEQA lead or responsible Governmental Authority to impose mitigation measures and adopt conditions of approval to avoid or mitigate impacts to the Environment of any proposed construction or Project, adopt alternatives to the proposed Project or disapprove the proposed Project.
CEQA and NEPA. ENVIRONMENTAL REVIEW PROCESS AND ENVIRONMENTAL COMPLIANCE
