Conservation Buffer Sufficient to Defeat Petitioners’ Standing to Challenge Proposed Development

| April 3, 2012

In a decision that highlights how strictly trial courts are construing the standing of prospective plaintiffs or petitioners, a State Supreme Court justice in Westchester County recently held that because of a land conservation buffer between existing homes and a proposed development that the petitioners were fighting, individual residents could not establish the “proximity” necessary to [...]

New York State Department of Environmental Conservation Proposes Amendments to Environmental Assessment Forms

| March 15, 2011

The New York State Department of Environmental Conservation (“DEC”) recently proposed amending its Short and Long Environmental Assessment Forms (“EAFs”), and is accepting public comment on the revised forms through April 8, 2011. These forms are used in the environmental review process that is required under the State Environmental Quality Review Act (“SEQRA”), ECL §§ [...]

New York State Court of Appeals Makes Significant SEQRA Standing Ruling

| October 28, 2009

On October 27, 2009 the New York State Court of Appeals made the most important decision regarding standing in SEQRA cases in perhaps the last 18 years.  The court ruled in Save the Pine Bush v. Common Council of City of Albany, that standing to challenge the environmental impact of a