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Environmental Law Landlord Tenant Law Litigation

Enforcement of Obligations Imposed In SEQRA Findings Statements

When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?

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When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement? Most SEQRA cases involve attacks on an agency’s compliance with SEQRA procedures, but in Mutual Aid Association v. City of Yonkers, NYLJ 11/15/21, p. 21, the Second Department faced a challenge to the municipality’s follow through long after the SEQRA review was completed. Because the court resolved the case by concluding that the municipality had not, in fact, imposed a requirement on the developer, the court avoided the more basic question: can a municipality or other lead agency impose a requirement and then decide not to enforce it.

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