Proposed SEQRA Amendments Reflect State’s Environmental Agenda

The New York State Department of Environmental Conservation has proposed the first changes to the State Environmental Quality Review Act ("SEQRA") regulations since 1996. The proposed amendments fall into three categories: clarifying scoping and contents of an environmental impact statement; lowering the threshold for actions to qualify as Type I actions; and adding new Type II categories to reflect principles of smart growth and green building design.

Scoping is the process through which a state or local agency solicits public comments on the contents of an environmental impact statement. Although most agencies undertake scoping for large projects, it is currently discretionary under SEQRA. The amendments would make scoping mandatory. At the same time, however, the regulations would lessen the burden of preparing an environmental impact statement by clarifying that the document should only address the environmental categories (e.g., air, traffic, preservation) in