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.

Proposed Changes

The most important SEQRA development of the year was probably the proposal by the state Department of Environmental Conservation (DEC) to significantly amend its SEQRA regulations (commonly known as the 617 regulations) for the first time since 1995. DEC has been considering revisions for several years, and in January 2016 it finally issued proposed rules. All in all, the proposed revisions do not amount to the comprehensive streamlining that some had hoped for, but there are some important revisions.

First, scoping—a public process of announcing and soliciting comment on the overall contents of EISs before their preparation—would become mandatory. It already is required for EISs prepared by the city of New York, but it is not consistently done outside of the city.