Zoning and Land Use

Our attorneys have been on both sides of SEQRA challenges – we have both defended and challenged SEQRA determinations. The New York State Environmental Quality Review Act (or SEQRA) requires that all state and local government entities assess the environmental significance as part of their discretionary decision making. New York’s highest Court has established that SEQRA forces governmental decision makers to consider environmental concerns “at the earliest possible time so that agencies will conduct their affairs in a manner which will protect the environment.” Many land use decisions may be subject to SEQRA, including, rezoning, subdivisions and site plan, redevelopment projects, land use plans, zoning regulations or comprehensive land use plans. The Department of Environmental Conservation’s website contains a good overview discussion about SEQRA here.

On the municipal side, we have the experience to guide our clients through the regulatory maze of SEQRA to ensure that our municipal client follow proper procedures and create a solid administrative record to withstand SEQRA challenges. Similarly, our experience enables us to recognize SEQRA violations and force compliance when there has been a deficient environmental review. We have handled numerous Article 78 proceedings both defending and challenging SEQRA determinations, as well as numerous appeals involving SEQRA issues.

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