SEQRA

1
SEQRA

• Application in Practice

R. Davis Coen Colin Macdonald
2
What Well Be Talking About

• SEQRA and Scoping of EIS
• SEQRA and Growth Inducing Aspects
• SEQRA and the Constitution

3
What is SEQRA?

• State Environmental Quality Review Act
• Requirement on Towns to Consider Environmental
  Impacts
• DEIS ? EIS ? Development

4
SEQRA and Scoping of EIS

• Drawing a Circle Around the Development
• Qualitative Component
• Quantitative Component
• Related Issue Segmentation

5
SEQRA and Scoping of EIS

• Example
• Developer wants to build condos near a wetland
  What will the EIS look like?

6
SEQRA and Scoping of EIS

• Qualitative ? natural environment, traffic,
  school, recreation facilities, water, etc.
• Quantitative ? not just the immediate
  vicinitythe circle could be big!

7
SEQRA and Growth Inducing Impacts

• Definition of Growth Inducing Impacts?
• In SEQRA?
• Agency Interpretation?
• Samples of EISs
• Discussion vs. Mitigation

8
SEQRA and Growth Inducing Impacts

• Example
• What kinds of growth will a residential
  development spur?
• Retail and office space, new roads, new
  recreational facilities, etc.

9
SEQRA and the Constitution

• SEQRAs Mitigation Requirements
• Constitutional Restraints
• Exactions as Takings
• Essential Nexus
• Rough Proportionality

10
SEQRA and the Constitution

• Example
• A development is going to increase demand for
  recreation facilities
• Can the Town ask for a new park?

11
SEQRA and the Constitution

• Is there an essential nexus?
• Harm increased demand on recreation
• Solution addition to parkland
• Is there rough proportionality?
• Size and cost of park must equate to increased
  demand

12
SEQRA and the Constitution

• Example
• If development is going to increase traffic
• Can the Town ask for a baseball field?

13
SEQRA and the Constitution

• Fails the essential nexus test
• A baseball field will not lead to less traffic
• Fails the rough proportionality test?

14
SEQRA and the Constitution

• Is the Constitution Inefficient?
• What about compromises?
• The Baseball Example may be an ideal solution
• Lack of cases in New York indicate compromises
  still happen!

15
QUESTIONS?