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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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Why Lorman?

Over 32 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 32 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 course was last revised on January 19, 2018.

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

No Credit Available

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.

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Why Lorman?

Over 32 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.
  • Represents clients in the sale and purchase of environmentally-distressed real property
  • Practice emphasizes all aspects of environmental law including brownfield redevelopment, zoning & development, and litigation services
  • Focuses 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
  • Regularly conducts seminars and workshops on environmental due diligence 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 [email protected]
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 [email protected]
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Product ID: 401641
Published 2018
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