The New York State Department of Environmental Conservation (DEC) is proposing significant amendments1 to the regulations2 that implement the State Environmental Quality Review Act (SEQRA).3 According to the DEC, the proposed amendments are aimed at streamlining the SEQRA process “without sacrificing meaningful review.”4 Whether the SEQRA process would, in fact, be streamlined if these Proposed Amendments are adopted is debatable as they mandate certain steps that are optional under the current regulations and that lower threshold triggers for SEQRA review.
Scoping
Under current regulations, scoping is a process that a lead agency may engage in if the proposed action is found to have significant adverse impacts that require the preparation of a full environmental impact statement (EIS).5 “The primary goals of scoping are to focus an EIS on potentially significant adverse impacts and to eliminate consideration of those impacts that are irrelevant or not significant.”6
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