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 an EIS, plaintiffs won five, or 18.5 percent. (The remaining nine cases were unclassifiable.)
Environmental Law | Law
Sabin Center for Climate Change Law
Michael B. Gerrard,
Survey of SEQRA Cases from 2007,
N.Y.L.J., March 28, 2008
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3096