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SEQRA

SEQRA. Application in Practice. R. Davis Coen Colin Macdonald. What We’ll Be Talking About. SEQRA and Scoping of EIS SEQRA and Growth Inducing Aspects SEQRA and the Constitution. What is SEQRA?. State Environmental Quality Review Act

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SEQRA

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  1. SEQRA Application in Practice R. Davis Coen Colin Macdonald

  2. What We’ll 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 vicinity…the 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 • SEQRA’s 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?

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