In 2022, Governor Kathy Hochul signed the Environmental Justice Siting Law, also known as the "Cumulative Impacts Law," to address environmental burdens in disadvantaged communities across New York State. This legislation mandates that state agencies consider the cumulative environmental impacts on these communities when reviewing projects. To implement this directive, the New York State Department of Environmental Conservation (NYSDEC) has proposed amendments to the State Environmental Quality Review Act (SEQRA) regulations. The public comment period on the proposed amendments began on January 29, 2025. NYSDEC will accept written comments until May 7, 2025.
Understanding SEQRA
SEQRA is a framework that requires state and local agencies to assess the environmental consequences of their actions, including issuing permits/approvals, funding projects, or directly undertaking activities. The goal is to identify and mitigate significant environmental impacts before decisions are made.
Key Changes in the Draft Amendments
The proposed amendments to SEQRA aim to integrate considerations from the Environmental Justice Siting Law. Notably, they require agencies to evaluate whether a proposed action may cause or increase a disproportionate pollution burden on disadvantaged communities. This involves assessing both existing and potential environmental burdens, as well as socioeconomic vulnerabilities.
Additionally, the amendments propose streamlining SEQRA reviews for certain small-scale, multi-family housing developments by classifying certain projects as "Type II" actions, meaning they are not subject to SEQRA review, provided they meet specific conditions to ensure compatibility with surrounding neighborhoods.
Implications for Communities and Developers
For disadvantaged communities, these amendments offer a mechanism to ensure that new projects do not exacerbate existing environmental challenges. By requiring a thorough analysis of cumulative impacts, the regulations aim to promote environmental justice and protect vulnerable populations.
Developers and municipalities will need to navigate these new requirements carefully. Projects located within or near disadvantaged communities will require a more detailed environmental assessment to determine potential disproportionate impacts. However, the streamlined process for qualifying housing developments may expedite approvals, supporting the state's broader housing objectives.
The Role of Environmental Attorneys
Navigating the evolving landscape of environmental regulations can be complex. An experienced environmental attorney can provide invaluable assistance by:
Interpreting Regulatory Changes: Offering clarity on how the new SEQRA amendments apply to specific projects.
Conducting Impact Assessments: Working with subject matter professionals to assist in evaluating potential environmental and socioeconomic impacts on disadvantaged communities.
Facilitating Compliance: Guiding developers and municipalities through the SEQRA process to ensure adherence to the latest requirements.
Advocating for Communities: Representing the interests of communities affected by proposed developments, ensuring their voices are heard in the decision-making process.
If you find yourself involved in or affected by an “action” or have concerns about whether the environmental review is being conducted properly, make sure you contact an experienced attorney who can help. This is especially important in SEQRA cases because the timeline for bringing such claims in court is very short, and the law and regulations affecting SEQRA have recently changed.
We will continue to monitor the progress of the draft amendments and keep you informed regarding the impact on all stakeholders. If you have questions about environmental reviews in NYS (such as SEQRA) or any environmental, zoning, or land use matter, please contact Jacob H. Zoghlin at 585-258-2834 or jzoghlin@underbergkessler.com or Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com at Underberg & Kessler LLP.
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