For the second year in a row, a record number of judicial decisions under the State Environmental Quality Review Act (SEQRA) were decided in 2001 in favor of applicants who claimed that agencies had treated them unfairly in denying or delaying their projects.
The courts decided a total of 61 cases under SEQRA in 2001,[1]� very close to the average of 63 since this column began compiling SEQRA statistics in 1990.[2]� Also close to the annual average (138) was the number of final environmental impact statements (EISs) prepared (133).[3]� The percentage of cases won by plaintiffs when no EIS had been prepared (32 percent) was similar to the previous average of 28 percent. What was radically different in 2001 was the percentage of cases won by plaintiffs when an EIS had been prepared – 54 percent, compared to a previous average of just 11 percent; the previous high figure was 28 percent in 1995.
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