Law Commons^™

Emergency Exemptions From Environmental Laws, Michael B. Gerrard

Faculty Scholarship

The national response to the coronavirus crisis may face several impediments but federal and state environmental laws should not be among them. Most of these laws have emergency exemptions that allow the usual (and sometimes lengthy) procedures to be bypassed, and some substantive requirements to be waived, in instances of true urgency. However, there is concern that some agencies and corporations will use this as an excuse to bypass environmental laws that aren’t actually getting in the way of responses to the crisis.

Annual Review Of Developments Under Seqra, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

The courts decided 46 cases under the State Environmental Quality Review Act (SEQRA) in 2018. However, the most important action under SEQRA was in the Legislature, followed by the state Department of Environmental Conservation (DEC).

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.

Survey Of 2013 Cases Under State Quality Review Act, Michael B. Gerrard

Faculty Scholarship

The courts issued 38 decisions in 2013 under the State Envi­ronmental Quality Review Act (SEQRA). This represented the third-lowest number of deci­sions since this annual survey began in 1990; lower numbers were found only in 2011 (35) and 2010 (37).

Survey Of 2012 Cases Under State Environmental Quality Review Act, Michael B. Gerrard

Faculty Scholarship

The courts issued 55 decisions in 2012 under the State Environmen­tal Quality Review Act (SEQRA).1 As this annual survey shows, especially important decisions concerned the necessity of supplemental environmental impact statements (EISs), and the relationship of SEQRA to various federal laws.

The State Department of Environmental Conservation (DEC) was also busy. On Jan. 15, 2012, DEC adopted revised short and full environmental assessment forms, which are used in determining whether full EISs are needed. The new forms become effective on Oct. 7, 2013. They will be accompanied by workbooks and by an updated web-based geographic information system search engine to …

Recent Developments Under State Environmental Quality Review Act, Michael B. Gerrard

Faculty Scholarship

When a litigant brings a lawsuit under New York’s State Environmental Quality Review Act (SEQRA), the odds of success have never been high. However, the cases decided in 2011 exhibiteda stark exception to this general rule: Project applicants who were frustrated by governmental delays or obstacles won six of the seven cases they brought under SEQRA.

The volume of SEQRA litigation continues to decline. In 2011 the courts decided 35 cases under SEQRA, the lowest number since this column began its annual survey in 1990. The second lowest was 37 in 2010; the third lowest was 45 in 2009. (Previously …

2010 Developments Under State Environmental Quality Review Act, Michael B. Gerrard

Faculty Scholarship

The courts decided 37 cases under the State Environmental Quality Review Act (SEQRA) in 2010. That is the lowest number since this column began its annual survey of SEQRA cases in 1990. The second lowest number was 45 in 2009. This trough is most likely caused by the economic recession, as SEQRA activity primarily relates to real estate development.

As is usually the case, defendants were much more likely to win in cases where an environmental impact statement (EIS) had been prepared than when there was no EIS. Of the 16 cases with an EIS, defendants won 13 (81 percent); …

Litigation Under Seqra Declining, Exemption Use Is Rising, Michael B. Gerrard

Faculty Scholarship

The State Environmental Quality Review Act (SEQRA), the statute that requires the preparation of environmental impact statements (EISs) for discretionary actions by state and local governments that may have a significant effect on the environment, has long been by far the most fertile source of environmental litigation in New York. That is still so, but the volume has declined, probably because much of such litigation grows out of disputes over proposed construction projects, and there are fewer of those in the recent recession.

Court Of Appeals Expands Seqra Standing After An 18-Year Detour, Michael B. Gerrard

Faculty Scholarship

The most controversial decision in New York environmental jurisprudence is almost certainly Society of the Plastics Industry v. County of Suffolk (Plastics), in which the Court of Appeals ruled in 1991 that plaintiffs in suits under the State Environmental Quality Review Act (SEQRA) must show that they are affected differently than the public at large. In the 18 years since that decision, the New York Attorney General, the State Department of Environmental Conservation, the New York State and New York City bar associations, and numerous environmental groups all filed amicus briefs or issued reports calling for the reversal of …

Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand

Faculty Scholarship

The New York State Bar Association (NYSBA) Task Force on Global Warming (the Task Force) has been convened by NYSBA President Bernice Leber to summarize New York’s existing laws and programs regarding climate change and to make specific proposals that the State can implement in a timely and cost-effective fashion to reduce greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. New York has taken many steps to address climate change; however, there is much more that can be done. The Task Force has not attempted to comprehensively suggest every possible action, but rather has selected …

Survey Of Seqra Cases From 2007, Michael B. Gerrard

Faculty Scholarship

The courts issued 58 decisions under the New York State Environmental Quality Review Act (SEQRA) in 2007.

Typically, plaintiffs have a much greater chance of success in SEQRA cases when no environmental impact statement (EIS) has been prepared: on average, in the cases from 1990 (when this column’s annual survey began) through 2006, plaintiffs won 15.9 percent of the cases where there is an EIS, and 38.6 percent of the cases without an EIS.

But in 2007 the ratio was much different. In the 22 cases with an EIS, plaintiffs won seven, or 31.8 percent. In the 27 cases without …

How Seqra Cases Fared In 1998, Michael B. Gerrard

Faculty Scholarship

In the annals of the State Environmental Quality Review Act (SEQRA), 1998 should be remembered as the year when developers throughout New York State became frustrated with what they perceived as irrational requirements or excessive delays in the SEQRA process, went to court for redress, and almost uniformly lost. There were 18 attempts at such relief and one highly mixed success.

Municipal Powers Under Seqra, Michael B. Gerrard

Faculty Scholarship

The State Environmental Quality Review Act (SEQRA) confers considerable powers on New York State municipalities. In fact, most municipalities are probably unaware of the full scope of authority they are given by this statute.

Environmental Commercial Law – Update On Seqra Lawsuits For 1994, Michael B. Gerrard

Faculty Scholarship

The Courts decided 57 cases1 in 1994 under the New York State Environmental Quality Review Act (SEQRA).2 As in prior years,3 this column presents a statistical summary of these cases and analyzes emerging trends. The 57 cases last year are about the same number as in 1993, but are down from the 70-75 seen annually in the early 1990s.