News & Analysis as of

Environmental Impact Report (EIR) SEQRA

Beveridge & Diamond PC

New York Appellate Court Finds Lead Agency Took Sufficient “Hard Look” At Environmental Impacts Under SEQRA to Approve Commercial...

Beveridge & Diamond PC on

On Thursday, July 8, 2021, New York’s Appellate Division (Third Department) overturned the Supreme Court (Albany) in a highly contested case challenging a Site Plan approval issued by the Planning Board of the Town of...more

Farrell Fritz, P.C.

“General” Code Provision Saves Dollar Store Endeavor: Superfluous Interpretations Are Not Required

Farrell Fritz, P.C. on

In Cady v Town of Germantown Planning Bd., 2020 NY Slip Op 03440 [3d Dept 2020], the Appellate Division, Third Department, reversed the Columbia County Supreme Court’s judgment annulling site plan approval, and dismissed the...more

Farrell Fritz, P.C.

Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip

Farrell Fritz, P.C. on

Fairway Manor, a senior rental housing complex for ages 55 and older, located on the border of Blue Point and Bayport, was created in 1991 when the Town Board of the Town of Islip approved a change of zone application on a 70...more

Bond Schoeneck & King PLLC

Updated SEQRA Regulations Became Effective January 1, 2019

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.

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Farrell Fritz, P.C. on

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. ...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.

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 Mysterious Case of the Disappearing Type II: Town not Permitted to Reclassify a Type I Action as a Type II Action

Farrell Fritz, P.C. on

In Miranda Holdings v. Town Board of Town of Orchard Park, ____ N.Y.S. 3d, ____, 2017 WL 2884633 (4th Dept. July 7, 2017), Petitioner, Miranda, proposed a commercial structure that included a restaurant with a drive-through...more

Beveridge & Diamond PC

New York Proposes First Major Amendments to SEQRA in Over Two Decades, Driven In Part by Statewide Energy Initiatives:...

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On January 17, the New York State Department of Environmental Conservation (DEC) released proposed amendments to the State Environmental Quality Review Act (SEQRA) regulations. The proposed amendments represent the first...more

Goodwin

Additional Environmental and Host Municipality Guidance on the New York RFA Process

Goodwin on

Revised guidance on the SEQRA process - 24-month time limit to begin upon conclusion of SEQRA review. SEQRA, or the State Environmental Quality Review Act, is a New York law mandating that projects receiving...more

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