When a construction project may have a “significant effect on the environment,”1 the State Environmental Quality Review Act (SEQRA)2 requires the preparation of an environmental impact statement (EIS). The contents of an EIS frequently are subject to discussion, negotiation, and, of course, litigation, which can make the whole process burdensome and costly, and which in some cases means that a project never gets off the drawing board.
The Department of Environmental Conservation (DEC) has proposed significant revisions3 to the SEQRA rules4 in what it has said was an effort to streamline the SEQRA process “without sacrificing meaningful review.”5 The recent decision by the New York Court of Appeals in Matter of Bronx Comm. for Toxic Free Schools v. New York City School Constr. Auth.6 strongly suggests, however, that the revisions the DEC should make to the SEQRA rules should include clarifying the rules governing the intersection of SEQRA with the Brownfields Cleanup Program (BCP), through which the state offers inducements for the cleanup of contaminated sites.7
Background
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