Within the United States, New York operates a distinct yet conceptually familiar environmental review system through the New York State Environmental Quality Review Act (SEQRA). SEQRA serves as New York’s state-level equivalent to the federal National Environmental Policy Act (NEPA) and California’s Environmental Quality Act (CEQA), providing a procedural framework for evaluating environmental consequences before state and local agencies approve or undertake actions.
While the underlying principles of disclosure, informed decision-making, and public participation are consistent with NEPA and CEQA, SEQRA reflects New York’s strong emphasis on local land-use authority, agency discretion, and judicial oversight. As a result, environmental review in New York follows a similar model but operates differently in practice.
The Role of SEQRA in New York
SEQRA applies to state and local government actions, including projects that require discretionary approvals, funding, or direct agency involvement. Unlike NEPA, which is limited to federal actions, SEQRA captures a wide range of municipal and regional decisions, making it a central tool in land-use planning, infrastructure development, and urban redevelopment across New York.
SEQRA requires agencies to:
- Identify and evaluate potential environmental consequences
- Consider reasonable alternatives
- Avoid or minimize adverse environmental effects to the extent practicable
- Involve the public in the decision-making process
In contrast to NEPA’s purely procedural focus, SEQRA, like CEQA, can influence project design and approvals when significant environmental effects are identified.
Types of Actions and Levels of Review
SEQRA uses a classification system to determine the appropriate level of environmental review, functioning in a manner comparable to the tiered review frameworks under NEPA and CEQA, but with state-specific terminology and thresholds.
Rather than using CATEXs, EAs, and EISs (NEPA) or NDs/MNDs and EIRs (CEQA), SEQRA classifies actions upfront based on their potential to cause significant environmental effects:
- Type II Actions: Actions that are statutorily exempt from further environmental review because they are deemed unlikely to result in significant environmental effects. These are broadly analogous to NEPA categorical exclusions or CEQA statutory exemptions.
- Type I Actions: Actions that are more likely to have significant environmental effects due to their scale, location, or nature. Type I actions trigger heightened scrutiny, require coordinated review among involved agencies, and are more likely to result in the preparation of a full Environmental Impact Statement (EIS), similar in function to projects requiring an EIS under NEPA or an EIR under CEQA.
- Unlisted Actions: Actions that do not fall into either Type I or Type II categories. These require an initial environmental assessment to determine whether the action may have significant impacts and whether a Negative Declaration or an EIS is required, closely paralleling the screening role of an Environmental Assessment under NEPA or an Initial Study under CEQA. For example, a project that is not large enough to meet threshold for a Type I Action, and is not specifically listed as a Type II Action.
Environmental Assessment and Impact Statements
For Type I and Unlisted actions, agencies prepare an Environmental Assessment Form (EAF) to determine whether the action may result in significant adverse environmental impacts. Based on the EAF findings, the lead agency issues one of the following determinations:
- Negative Declaration: issued when the agency determines that the action will not result in significant adverse environmental effects.
- Positive Declaration: issued when significant impacts may occur, triggering the preparation of an Environmental Impact Statement (EIS), to further analyze impacts, alternatives, and mitigation measures.
The SEQRA EIS is broadly comparable to a federal EIS under NEPA or a California EIR under CEQA. However, SEQRA provides greater flexibility in document structure and relies heavily on the adequacy of analysis rather than strict formatting requirements.
Lead Agency and Coordinated Review
A defining feature of SEQRA is its local-centric lead agency model, where the lead agency is often a local government body such as a planning board, zoning board, or municipal council. For actions involving multiple agencies, SEQRA requires the identification of a single lead agency, coordinated review among all involved and interested agencies, and early resolution of jurisdictional overlaps.
This approach contrasts with NEPA, where a federal agency (e.g., U.S. Army Corps of Engineers) always serves as lead, and CEQA, which is driven by state agencies (like New York State Department of Environmental Conservation). Under SEQRA, even projects with state or federal involvement remain coordinated primarily by the local lead agency (e.g., municipal council), highlighting the local-centered nature of environmental review in New York.
Public Participation and Legal Oversight
Public involvement is a mandatory component of SEQRA, especially for actions requiring an EIS. Draft EIS documents are circulated for public comment, and agencies must respond to substantive comments in a Final EIS before issuing findings. If a party challenges an agency’s decision after the review is complete, New York courts provide oversight through judicial review.
Judicial review under SEQRA focuses on whether the agency took a genuine “hard look” at potential environmental consequences and offered a clear, “reasoned elaboration” for its determinations. If a court finds the review inadequate, it can invalidate the SEQRA determination and require the agency to redo the process.
This approach emphasizes the thoroughness and rationale of agency decision-making, shaping how SEQRA documents are prepared and defended, unlike NEPA or CEQA where courts may apply different procedural or evidentiary standards.
Integration with Permitting and Media-Specific Laws
SEQRA operates alongside New York’s media-specific environmental statutes and permitting programs, which regulate air emissions, water discharges, waste management, and natural resources. SEQRA documentation informs permitting decisions, shapes mitigation measures, and supports agency findings.
The actual permits are issued by the agencies with regulatory authority which rely on the SEQRA analysis to set conditions and ensure compliance with both procedural and substantive environmental requirements.
Key authorities include:
- New York State Department of Environmental Conservation (NYSDEC) – primary environmental regulator for air, water, waste, and ecological resources
- New York Department of State – coastal consistency reviews
- Local and regional agencies – land use, zoning, and development approvals
What to Remember
- SEQRA is New York’s state-level environmental review framework, functionally equivalent to NEPA (federal level) and CEQA (California’s equivalent) but distinct in practice.
- The system emphasizes local agency leadership, coordinated review, and judicial standards such as the “hard look” doctrine.
- Environmental Impact Statements under SEQRA are flexible in structure but subject to rigorous legal scrutiny.
- SEQRA operates alongside media-specific permitting programs and is frequently coordinated with federal NEPA reviews.
The Environment Consultant 