2010 Developments Under State Environmental Quality Review Act

The courts decided 37 cases under the State Environmental Quality Review Act (SEQRA) in 2010. This report analyzes these cases and finds that defendants were much more likely to win in cases where an environmental impact statement (EIS) had been prepared than when these was no EIS. Of the 16 cases with an EIS, defendants won 13; of the 19 cases without and EIS, defendants won 13. Thus preparing an EIS continues to be generally the safest course from a litigation perspective.