Periconi, LLC
P 646-733-4487

Reducing Environmental Risk

View Our Practice Areas

Posts tagged "SEQRA"

Article 78 Challenge to SEQRA/CEQR NegDec Fails On Statute of Limitations Grounds

2019 06 17 blog 48 brooklyn-92695_640 pixabay.jpgIt's been 15 days: Do you know if your petition has been served?

New York Supreme Court Requires At A Minimum Some Explanation From Lead Agency For SEQRA Determination

New York Supreme Court Requires At A Minimum Some Explanation From Lead Agency For SEQRA Determination

Recent Court Decision Provides More Clarity to Environmental Quality Standards

2018 02 02 Court Decision SEQRA Blog Image.jpg

DEC Issues New York State's Official Rationale for Fracking Ban

DEC has issued its long-awaited environmental impact study for high volume horizontal fracturing, or fracking, in New York State. This document contains the state's official findings on the environmental and human health impacts of fracking, namely, that too much uncertainty surrounds the impacts of the process to proceed with issuing permits for fracking.

New York's Highest Court to Weigh in on Who Bears the Cost of Regulatory Inaction on Fracking

Fresh off its hotly anticipated August 2014 decision upholding the right of municipalities to zone oil and gas extraction operations out of their towns, the New York State Court of Appeals is set to weigh in on another oil and gas extraction issue. This latest matter arrived at the Court of Appeals through a somewhat unusual route, but promises to decide whether landowning lessors or industry lessees bear the cost of state level regulatory inaction on high volume hydraulic fracturing of shale with horizontal drilling (also known as fracking). 

Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear

On March 7, 2013, the New York State Assembly passed legislation to extend the moratorium in place on high pressure horizontal hydraulic fracturing - hydrofracking or fracking - of shale that has been in place since 2008. Though the bill, Assembly Bill 5424-A, passed the Assembly by a wide margin of 95 to 40, the legislation must still be approved by the State Senate and signed by Governor Cuomo before taking effect. It is unclear if the Senate, which is controlled through a power sharing agreement among Republicans, Democrats and the Independent Democratic Caucus, will act on the bill. 

After Surviving a Legal Challenge, the Coney Island Boardwalk is "Going Green"

There are perhaps few other sights so closely associated with the summer scene at Coney Island than the wooden boardwalk. Predating even the venerable Coney Island Cyclone roller coaster, the boardwalk has been the main thoroughfare along which have strolled generations of New Yorkers and tourists alike, out for a game of ski-ball, some ice cream, or simply to enjoy the ocean views.

Deadline for Statewide Fracking Regulations Extended

On November 29, 2012, the New York State Department of Environmental Conservation missed its deadline under state law to finalize regulations for hydrofracking in New York. However, shortly before the deadline, it filed a Notice of Continuation with the Department of State to secure a 90 day extension for the rulemaking process. 

Proposed Revisions to SEQRA Regulations Currently Under Review

During the summer of 2012, the DEC proposed its first substantive amendments to the State Environmental Quality Review Act (SEQRA) regulations since 1996. The DEC has explained that the amendments are meant to streamline the review process "without sacrificing meaningful review," but the potential impact of the proposed amendments appears to be somewhat mixed. The proposed amendments center most notably on the "scoping" process, the classification of certain types of projects, and the timeline of the SEQRA process.

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

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 confer standing, i.e., the status needed to permit them to sue. In particular, the petitioners could not establish, in the court's view, that they were harmed in a manner different from that of the general public; in other words, they lacked the particularized injury necessary to be able to challenge the project. See Matter of Tuxedo Land Trust Inc. v. Town of Tuxedo, 2012 N.Y. Misc. LEXIS 938 (N.Y. Sup. Ct. Mar. 5, 2012). 

Turn To A Leader In The Area Of Environmental Law

Contact our firm today to schedule a case evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

260 Madison Avenue
15th Floor
New York, NY 10016

Phone: 646-733-4487
Fax: 212-448-0066
Map & Directions