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Survey Of 2016 Cases Under New York State Environmental Quality Review Act, Michael B. Gerrard, Edward Mctiernan
Survey Of 2016 Cases Under New York State Environmental Quality Review Act, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
The courts decided 46 cases in 2016 under the New York State Environmental Quality Review Act (SEQRA), which requires the preparation of an environmental impact statement (EIS) for state or local governmental actions that could have a significant impact.
For only the second time since this annual survey began in 1991, no court overturned any agency decision where an EIS had been prepared. Eight challenges involved an EIS – all failed. In circumstances where there was no EIS, challengers won four and lost 20. In sum, 2016 was a bad year for plaintiffs in SEQRA cases.
Debate Over Environmental Rights And State Constitutional Convention, Michael B. Gerrard, Edward Mctiernan
Debate Over Environmental Rights And State Constitutional Convention, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
During the election on November 7, the voters in New York state will be presented with the allot question (as they are every 20 years), “Shall there be a convention to revise the constitutionand amend the same?” If the referendum passes, the delegates to the Constitutional Convention will be elected in November 2018, and the Convention’s proposed changes will appear on the ballot, most likely in November 2019.
Many issues are under debate: ethics reform, reorganizing the judiciary, voting rights, and several more. This column focuses on environmental rights.