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

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 §§ 8-0101 et seq., for any state action, which includes approval of project permits. The project sponsor and the lead agency undertaking the environmental review will complete an EAF (either long or short depending on the proposed action) to determine whether a full environmental review is warranted, that is, whether the applicant will need to prepare an environmental impact statement (EIS). Typically the Long EAF is used for Type I actions (these are actions, set forth in the regulations, that are more likely to require the preparation of an EIS), and the Short EAF is used for Unlisted Actions (which are actions that have not been listed in the regulations as Type I or Type II, and which are always subject to at least an environmental review). See 6 NYCRR §§ 617.4, 617.6. 

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