Judicial oversight in the environmental review process presents a regular zone of conflict both nationally and within New York State.
Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs
The New York Court of Appeals has long established that an agency's assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.
By
Steven C. Russo and Evan Preminger
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