Current Issues in SEQRA and Land Development

Current Issues in SEQRA and Land Development

Gain practical and insightful suggestions to help all parties navigate through the SEQRA process. Every land development project that requires discretionary approvals by governmental agencies must undergo a public environmental review pursuant to the New York State Environmental Quality Review Act (“SEQRA”). Understanding early in the planning stages whether the Lead Agency is inclined to require a Negative Declaration or full Environmental Impact Statement process is essential for avoiding unnecessary delays during SEQRA review. The SEQRA process itself, including conducting public hearings and coordinating the underlying land use/zoning applications, presents various challenges for the private applicant and reviewing agencies. Preparing comprehensive SEQRA documents to create a strong Administrative Record that can withstand judicial scrutiny is also critical. There are many technical areas of environmental impact that require study, including traffic and stormwater. Some municipalities are requiring post-approval monitoring to verify the accuracy of the data presented in the SEQRA documents. Land use practitioners also need to be mindful of the standards applicable to potential SEQRA litigation. The Court of Appeals recently addressed the question of whether a Positive Declaration is ripe for judicial review. This topic will address these and other issues, and provide practical and insightful suggestions to help all parties navigate through the SEQRA process.

Learning Objectives