When a developer or other property owner has a project that must be reviewed by a local government agency under the New York State Environmental Quality Review Act (SEQRA),1 the agency assesses its environmental significance. If the agency determines that the project does not pose significant adverse environmental impacts, it issues a “negative declaration.” If, however, the agency determines that the project has potentially significant adverse environmental consequences, it issues a “positive declaration” requiring preparation of a draft environmental impact statement (DEIS) before it will consider giving the project the necessary approvals.
Preparation of a DEIS can be quite costly and time consuming and, as a practical matter, an agency’s finding that a DEIS is required often can doom a project.
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