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ARTICLE · 10 FEBRUARY 2025

NY DEC Proposes Environmental Justice-Focused Amendments To SEQRA And UPA—Potential Impacts On Project Permitting

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On Jan. 29, 2025, the New York State Department of Environmental Conservation (DEC) proposed amendments to its State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617) and the Uniform Procedures Act (UPA) (6 NYCRR Part 621) regulations to integrate environmental justice (EJ) considerations into environmental reviews.

United StatesEnvironment
Steven Russo
Steven Russo
Jane McLaughlin
Jane McLaughlin

On Jan. 29, 2025, the New York State Department of Environmental Conservation (DEC) proposed amendments to its State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617) and the Uniform Procedures Act (UPA) (6 NYCRR Part 621) regulations to integrate environmental justice (EJ) considerations into environmental reviews. These amendments, mandated by Environmental Conservation Law (ECL) Article 8, build upon DEC's final Division of Environmental Permits Policy "Permitting and Disadvantaged Communities" (DEP-24-1), which replaced the draft DEP-23-1 and has guided DEC permit applicants in assessing disproportionate burdens on disadvantaged communities (DACs) since its finalization on May 9, 2024. However, the proposed regulations would expand the scope of these requirements beyond DEC-regulated programs by incorporating disproportionate burden assessments into SEQRA, which applies to all lead agencies conducting environmental reviews, not just DEC. These amendments

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