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Current Issues in SEQRA

OnDemand Webinar (92 minutes)

Understand the steps that need to be followed to ensure that land use development projects can withstand judicial scrutiny.Property owners, developers, planners, real estate professionals, environmental consultants, engineers and attorneys regularly deal with property development and other issues that trigger the New York State Environmental Quality Review Act (SEQRA) process. Nearly every land development project that requires discretionary approvals by governmental agencies must undergo an environmental review pursuant to SEQRA. The SEQRA process requires that certain procedural and substantive steps be followed to ensure that a particular land use development project has undergone a comprehensive environmental review necessary to withstand judicial scrutiny, if challenged. These steps include, among others, the initial determination of whether a decision involves an action subject to SEQRA, the establishment of lead agency, the determination of significance, and, if applicable, the preparation and processing of a draft environmental impact statement culminating in the preparation of a SEQRA Findings Statement. Professionals engaged in land use projects need to also be aware of issues that can arise during litigation relating to whether review of a particular project has complied with SEQRA, including the applicable statute of limitations, standing issues, and the applicable standards of review. In this context, we will discuss recent case law developments. In addition, the SEQRA regulations are proposed to be amended in the near future which could impact the SEQRA review of land use applications. This information is critical for professionals handling land use development projects that require compliance with the SEQRA process.

Authors

George Duke, Esq., P.G., BROWN DUKE & FOGEL, P.C. Michael Fogel, Esq., BROWN DUKE & FOGEL, P.C.

Agenda

The SEQRA Process

• SEQRA Overview

• Initial Review - Is It an Action?

• Substantive and Procedural Review

• Interrelation With Site Plan, Subdivision and Other Land Use Approvals

Use of the Generic Environmental Impact Statement

• Substantive and Procedural Review

• Flexible Development Tool for Certain Types of Projects

• Case Studies

Seqra Litigation

• Substantive Issues - "Hard Look"

• Procedural Issues - Statute of Limitations, Necessary Parties, Standing

• Standard of Review

• The Administrative Record

• Recent Notable Decisions

Proposed Amendments to the SEQRA Regulations

• Changes to the Type I and Type II List

• Changes to the EIS Process