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A SEQRA Review Is Not Required To Deny An Application

By Steven Silverberg and Katherine Zalantis

Occasionally, early in the process of reviewing an application, everyone on the municipal board knows that an application is not likely to be granted. Then the question occurs, do we have to require that the applicant go through a full environmental review under SEQRA before we turn down the application? This is a practical question as an environmental review can be time consuming and incredibly expensive for an applicant. On April 8, 2008, in the case Matter of Joseph Logiudice v. Southold Town Board, the Appellate Division Second Department reminded us that if the application is denied there is no action requiring a review under SEQRA. SEQRA requires that no action by a government agency be approved without first complying with SEQRA?s obligation to take a hard look at potential significant environmental impacts and eliminating or mitigating those impacts...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on April 19, 2008 (boomark / email).