This past year was the worst ever for parties bringing cases under the State Environmental Quality Review Act (SEQRA). Of the 40 decisions in 2021, plaintiffs won only two, with another two surviving motions to dismiss. Moreover, three plaintiffs’ victories in prior years were reversed on appeal.

However, the most important SEQRA development by far will come if Governor Kathy Hochul signs a bill that would amend the statute by requiring far more baseline and cumulative impact review, and barring the issuance and renewal of permits that would have disproportionate impacts.