Generally, SEQRA determinations are ordinarily considered steps in a land use decision making process and therefore not ripe for judicial review. Matter of Yorktown v. NYS Department of Mental Hygiene, 92 A.D.2d 897 (2d Dept. 1983) affirmed 59 N.Y.2d 999. There are exceptions when a SEQRA determination alone does inflict concrete injury and commences the running of the period of limitations applicable to Article 78 proceedings.

A determination by a lead agency regarding the State Environmental Review Act, 6 NYCRR Part 617 et. seq. (SEQRA) is an administrative determination. An administrative determination to be “ripe for adjudication” must be “final and binding.” CPLR 217[1] and 7801[1].

The Court of Appeals has made clear that a legislative body's simultaneous issuance of a negative declaration under SEQRA and adoption of a local law makes both the SEQRA determination, and, adoption of the local law, ripe for adjudication even if there are conditions attached to the approval. In Matter of Eadie v. Town Bd. of Town of N. Greenbush, 7 N.Y.3d 306 (2006). In Matter of Eadie, the court held that the statute of limitations commenced upon adoption of the local law, not upon adoption of a SEQRA findings statement one month prior. The SEQRA findings statement did not present a concrete injury. The injury occurred upon adoption of the local law. But suppose the findings statement was adopted by an improper SEQRA lead agency?