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SEQRA


October 31, 2013 | Posted by Karen L. Mintzer 10/31/2013 | Permalink
The New York City Department of City Planning has begun a rulemaking for proposed new rules that would supplement the list of “Type II” actions set forth in the New York State Environmental Quality Review Act (“SEQRA”) regulations with a list of citywide-specific Type II actions. Type II actions are actions taken by governmental agencies, including discretionary approvals, that have been deemed not to have a significant adverse environmental impact and are thus exempt from the environmental review requirements of SEQRA. SEQRA permits municipalities to designate a supplemental list of actions as Type II. read more
July 16, 2013 | Posted by Toni Finger 7/16/2013 | Permalink
Last month, the U.S. Supreme Court ruled that a government’s demand for property or money from a land use permit applicant as a condition of a permit, even when the government denies the permit, must satisfy the requirement that there is a nexus and rough proportionality between the government’s demand on the landowner and the effect of the proposed land use. While the Court’s decision could be viewed as potentially subjecting land use decisions to heightened constitutional scrutiny, it is unlikely to have much practical effect in New York. read more
August 2, 2012 | Posted by Kerri Folb | Permalink

On July 11, 2012, the New York State Department of Environmental Conservation issued a draft scope for a Generic Environmental Impact Statement on proposed amendments to the regulations implementing the New York State Environmental Quality Review Act (“SEQRA”).  SEQRA requires state and local governmental agencies to consider the potential environmental impacts of all actions that they have discretion to approve, fund or directly undertake.  These amendments are the first amendments to the regulations since 1996.  DEC’s stated purpose for the amendments is to streamline the environmental impact review process without sacrificing meaningful review.

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