Annual Review of SEQRA Cases and Developments

Abstract

The New York State Environmental Quality Review Act (SEQRA) turns 50 this year. The statute has changed only a little in the last half century, but it continues to be a font of litigation. The courts decided 43 cases under SEQRA in 2024. Implementation of SEQRA is also raising policy issues. The legislature is considering whether to amend SEQRA to speed up affordable housing projects, and the State Department of Environmental Conservation (DEC) is drafting regulations concerning the role SEQRA should play in advancing environmental justice. A constant theme is the tension between thoroughly studying important project impacts and involving affected communities, on the one hand, and moving forward with essential construction on the other hand. The central requirement of SEQRA is the preparation of an environmental impact statement (EIS) for discretionary state or local actions that may have a significant effect on the environment