Michael B. Gerrard and Edward McTiernan Review of 2020 Cases Under SEQRA
In 2020, the courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA). In this edition of their Environmental Law article—the 30th anniversary of this column's first annual SEQRA review—Michael Gerrard and Edward McTiernan discuss the cases, which continued the familiar pattern that the safest way for a controversial project to withstand attack in court is to prepare a full EIS.
September 08, 2021 at 02:00 PM
9 minute read
The courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA) in 2020. Of these, in the great majority—31—the courts upheld, or at least left alone, agencies' decisions that a particular action did not require the preparation of a full environmental impact statement (EIS); in seven the courts rejected such decisions; and in eight the courts upheld EISs that had been prepared. (One case was unclassifiable.) The Court of Appeals issued no SEQRA decisions in 2020.
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