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New York Court Upholds SEQRA Findings Related to Climate Change

By Steven Silverberg and Katherine Zalantis

The Appellate Division (Fourth Department) issued a decision in early February, 2009 upholding a denial by the Town of Ellicottville of site plan and special permit approval to construct a cogeneration plant using wood chips as fuel, as part of a larger development proposal. In Matter of Laidlaw Energy and Environmental Inc. v Town of Ellicottville, the court found that the conclusion contained in the State Environmental Quality Review Act (SEQRA) findings that "serious increases in harmful emissions" from the plant would result in an "unacceptable adverse impact" was not arbitrary and should be upheld. For a detailed discussion of the case see our other Blog, ClimateChangeAttorney.com.

Full post as published by New York Zoning and Municipal Law Blog on March 02, 2009 (boomark / email).