Beginning on Dec. 30, 2024, New York will implement a transformative law to address environmental justice and protecting disadvantaged communities from disproportionate impacts from pollution. The forthcoming Environmental Conservation Law Section 70-0118 prohibits New York State Department of Environmental Conservation (DEC) from issuing permits for new projects with any impacts that "may cause or contribute more than a de minimis amount of pollution to a disproportionate pollution burden on the disadvantaged community." This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.

When an agency undertakes, funds, or approves an action, the New York State Environmental Quality Review Act (SEQR) requires the environmental impact of that action to be considered. If there are none, a negative declaration can be issued, and the action can proceed without further SEQR analysis. For projects that may have the potential for a significant adverse effect, an environmental impact statement (EIS) must be prepared. For attorneys representing applicant developers, a positive declaration can often be viewed as a significant setback, typically resulting in months, if not years, of additional work before multiple boards and agencies. This much more expansive scope of work often includes the need for costly expert consultations, extended public hearings in packed rooms, and frequently the emergence of ad hoc opposition groups whose true aim is project eliminations rather than addressing genuine environmental concerns.