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.
Environmental Law | Law
Sabin Center for Climate Change Law
Michael B. Gerrard & Edward McTiernan,
Survey of 2016 Cases Under New York State Environmental Quality Review Act,
N.Y.L.J., July 13, 2017
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3063