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Current Issues in New York SEQRA and Land Development

Gain practical and insightful suggestions to help all parties navigate through the SEQRA process.

Every land development project that requires discretionary approvals by governmental agencies must undergo a public environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). Understanding early in the planning stages whether the Lead Agency is inclined to require a Negative Declaration or full Environmental Impact Statement process is essential for avoiding unnecessary delays during SEQRA review. The SEQRA process itself, including conducting public hearings and coordinating the underlying land use/zoning applications, presents various challenges for the private applicant and reviewing agencies. Preparing comprehensive SEQRA documents to create a strong Administrative Record that can withstand judicial scrutiny is also critical. There are many technical areas of environmental impact that require study, including traffic and stormwater. Some municipalities are requiring post-approval monitoring to verify the accuracy of the data presented in the SEQRA documents. Land use practitioners also need to be mindful of the standards applicable to potential SEQRA litigation. The Court of Appeals recently addressed the question of whether a Positive Declaration is ripe for judicial review. This topic will address these and other issues, and provide practical and insightful suggestions to help all parties navigate through the SEQRA process.

Runtime: 86 minutes
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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.

Agenda

SEQRA Process

  • Overview of SEQRA Basics
  • Whether to Pursue Negative Declaration or Positive Declaration
  • Conducting Public Scoping, EIS Public Hearings, and Community Outreach
  • Interrelation With Subdivision, Site Plan and Other Approvals
  • Segmentation

Technical Issues Arising During SEQRA Review

  • Preparing SEQRA Documents - EAF, Negative Declaration, EISs, Findings
  • Areas of Environmental Impact - Traffic, Stormwater, Environmental Remediation, Aesthetics,
  • Supplementation
  • Alternatives
  • Exactions and Post-Approval Monitoring

SEQRA Litigation

  • Substantive Standards - Judicial Deference, "Hard Look," Rule of Reason
  • Procedural Standards - Standing, Statute of Limitations
  • Producing the Administrative Record
  • Challenging Positive Declarations
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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

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

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More Program Information

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

Brad K. Schwartz, Esq.

Brad K. Schwartz, Esq.

Zarin & Steinmetz

  • Partner at Zarin & Steinmetz
  • Represents developers and municipalities on land use, zoning, real estate, environmental impact review, condemnation, and public/private partnerships
  • Regularly appears before municipal agencies securing subdivision, site plan, and other land development approvals
  • Litigates real property cases
  • Member, Board of Directors of the Legal Aid Society of Westchester County
  • Vice Chair, Board of Governors of the JCC on the Hudson, Tarrytown, NY
  • J.D. degree, Boston College Law School; B.S. degree, SUNY at Buffalo
  • Can be contacted at (914) 682-7800 or bschwartz@zarin-steinmetz.com
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Product ID: 399309
Published 2016, 2018
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