In the first months of this year, the New York Court of Appeals and all four Appellate Divisions issued important decisions involving state environmental regulations. More than two decades after the court’s landmark standing decision in Society of Plastics Indus. v. County of Suffolk,1 standing continues to bedevil parties and the courts—it was the subject most in dispute in these rulings. Another frequently litigated issue, the required “hard look” under the State Environmental Quality Review Act (SEQRA),2 also was addressed. This column explores these opinions and concludes with brief updates to two of my prior columns.
Standing
Matter of Association for a Better Long Island, Inc. v. New York State Dept. of Envtl. Conservation3 arose in November 2010 when the Division of Fish, Wildlife and Marine Resources of the Department of Environmental Conservation (DEC) adopted amendments to its regulations4 pertaining to the protection of endangered and threatened species. The amended regulations provide that an incidental take permit, which authorizes the incidental taking of a species listed as endangered or threatened, must include a mitigation plan that minimizes impact to the species and results in a net conservation benefit to the species.5
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