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State and Local Government › SEQRA

Venable LLP

New Environmental Justice Regulations for New York Environmental Review

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New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023...more

Holland & Knight LLP

New York Proposes SEQRA Amendments to Implement Environmental Justice Siting Law Provisions

Holland & Knight LLP on

While the Trump Administration has rolled back federal environmental justice initiatives and taken efforts toward expediting federal environmental review processes, the New York State Department of Environmental Conservation...more

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

Farrell Fritz, P.C. on

Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

Farrell Fritz, P.C. on

The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Herbert Smith Freehills Kramer

Zoning and Land Use: Turning the World Right-Side Up Again

Herbert Smith Freehills Kramer on

This summer has brought two appellate court decisions that should help alleviate growing concern in the development community that the New York courts are overly receptive to community-based challenges to new development in...more

Farrell Fritz, P.C.

Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

Farrell Fritz, P.C. on

Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots.  The first lot would contain the existing...more

Farrell Fritz, P.C.

How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

Farrell Fritz, P.C. on

How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Farrell Fritz, P.C.

Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

Farrell Fritz, P.C. on

The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. it’s website can be found at cnyhiking.com/LudovicoTrail.htm.  The Trail recently became a centerpiece of a...more

Farrell Fritz, P.C.

Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA

Farrell Fritz, P.C. on

In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Farrell Fritz, P.C. on

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Farrell Fritz, P.C.

The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course

Farrell Fritz, P.C. on

While the Town of Halfmoon (“Town”) in Saratoga County, New York,  may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more

Farrell Fritz, P.C.

Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action

Farrell Fritz, P.C. on

A recent case from the Appellate Division, Second Department, addresses one of our favorite topics, standing. It is a cautionary tale about how not to establish standing....more

Farrell Fritz, P.C.

City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision

Farrell Fritz, P.C. on

Over the past several years, this blog has presented several posts on the topic of standing. It is a frequent topic because it is often raised as a threshold issue in zoning and land use cases....more

Farrell Fritz, P.C.

Developments Of Regional Significance Are Subject To Additional Scrutiny By Pine Barrens Commision

Farrell Fritz, P.C. on

The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located...more

Bond Schoeneck & King PLLC

Updated SEQRA Regulations Became Effective January 1, 2019

Bond Schoeneck & King PLLC on

On January 1, 2019, revised regulations implementing the State Environmental Quality Review Act (SEQRA) took effect. The New York State Department of Environmental Conservation (DEC) adopted these updated regulations on June...more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

Farrell Fritz, P.C. on

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

Farrell Fritz, P.C.

Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

Farrell Fritz, P.C. on

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse...more

Farrell Fritz, P.C.

Faulty SEQRA Sinks Village’s Use of Eminent Domain

Farrell Fritz, P.C. on

Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondachk Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]....more

Farrell Fritz, P.C.

Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?

Farrell Fritz, P.C. on

After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments to the implementing regulations of the State Environmental Quality Review Act...more

Farrell Fritz, P.C.

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental...

Farrell Fritz, P.C. on

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. ...more

Farrell Fritz, P.C.

The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

Farrell Fritz, P.C. on

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review Act (SEQRA) regulations. ...more

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