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Current Issues in SEQRA

Understand the steps that need to be followed to ensure that land use development projects can withstand judicial scrutiny.

Property owners, developers, planners, real estate professionals, environmental consultants, engineers and attorneys regularly deal with property development and other issues that trigger the New York State Environmental Quality Review Act (SEQRA) process. Nearly every land development project that requires discretionary approvals by governmental agencies must undergo an environmental review pursuant to SEQRA. The SEQRA process requires that certain procedural and substantive steps be followed to ensure that a particular land use development project has undergone a comprehensive environmental review necessary to withstand judicial scrutiny, if challenged. These steps include, among others, the initial determination of whether a decision involves an action subject to SEQRA, the establishment of lead agency, the determination of significance, and, if applicable, the preparation and processing of a draft environmental impact statement culminating in the preparation of a SEQRA Findings Statement. Professionals engaged in land use projects need to also be aware of issues that can arise during litigation relating to whether review of a particular project has complied with SEQRA, including the applicable statute of limitations, standing issues, and the applicable standards of review. In this context, we will discuss recent case law developments. In addition, the SEQRA regulations are proposed to be amended in the near future which could impact the SEQRA review of land use applications. This information is critical for professionals handling land use development projects that require compliance with the SEQRA process.

Runtime: 92 minutes
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The SEQRA Process

  • SEQRA Overview
  • Initial Review - Is It an Action?
  • Substantive and Procedural Review
  • Interrelation With Site Plan, Subdivision and Other Land Use Approvals

Use of the Generic Environmental Impact Statement

  • Substantive and Procedural Review
  • Flexible Development Tool for Certain Types of Projects
  • Case Studies

Seqra Litigation

  • Substantive Issues - "Hard Look"
  • Procedural Issues - Statute of Limitations, Necessary Parties, Standing
  • Standard of Review
  • The Administrative Record
  • Recent Notable Decisions

Proposed Amendments to the SEQRA Regulations

  • Changes to the Type I and Type II List
  • Changes to the EIS Process
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on January 19, 2018.

Call 1-866-352-9540 for further credit information.

  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

George Duke, Esq., P.G.

George Duke, Esq., P.G.

BROWN DUKE & FOGEL, P.C.

  • Partner in the office of BROWN DUKE & FOGEL, P.C.
  • Practice emphasizes all aspects of environmental law including land use, brownfield redevelopment, zoning and development, and litigation services
  • Focuses his practice on helping businesses navigate complex environmental and land use laws and regulations during corporate and real property transactions, land development projects, mine expansions, brownfield redevelopment projects and environmental enforcement actions
  • Conducts regular seminars and workshops on numerous land use and environmental topics, including land use, site remediation and brownfield redevelopment
  • Author of several articles on environmental law and natural resources
  • J.D. degree, Pace Law School; M.S. degree, geology, Montclair State University; B.A. degree, geology, Franklin & Marshall College
  • Admitted in New York and New Jersey and U.S. District Courts of New Jersey and Southern District of New York
  • Can be contacted at 646-915-0236 or gduke@bsdflaw.com
Michael Fogel, Esq.

Michael Fogel, Esq.

BROWN DUKE & FOGEL, P.C.

  • Partner in the office of BROWN DUKE & FOGEL, P.C.
  • Represents clients in all aspects of environmental law, land use, zoning and development in connection with securing federal, state and municipal approvals necessary to develop properties into industrial, commercial and residential uses
  • Frequent lecturer and writer on environmental, land use, zoning and other real estate development issues
  • Named by Super Lawyers as a Rising Star for Environmental Law
  • J.D. degree, magna cum laude, Syracuse University College of Law; B.A. degree, Binghamton University
  • Admitted in New York and U.S. District Court, Northern District of New York
  • Can be contacted at 315-399-4343 or mfogel@bsdflaw.com
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Product ID: 401641
Published 2018
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