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Court of Appeals Modifies Standing Test in Land-Use Cases

By Steven M. Silverberg
February 29, 2016

The recent Court of Appeals decision, Sierra Club v. Vill. of Painted Post, 26 N.Y.3d 301 (2015), places a new perspective on when there is standing to challenge a land-use determination. There has been a long history of judicial analysis of what gives rise to standing to challenge a land-use approval. The interplay between the State Environmental Quality Review Act (SEQRA) and the vast majority of land use approvals has given rise to a number of cases applying and modifying the standing test in the context of SEQRA. Courts have distinguished between the impacts on the public in general and individuals more directly impacted by a proposed development.

“To establish standing under SEQRA, the Petitioners must show (1) that they will suffer an environmental 'injury that is in some way different from that of the public at large,' and (2) that the alleged injury falls within the zone of interest sought to be protected or promoted by SEQRA.” Barrett v. Dutchess Cty. Legislature, 38 A.D.3d 651, (2d Dep't 2007), quoting Soc'y of Plastics Indus. v. Cty. of Suffolk, 77 N.Y.2d 761 (1991).

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