Fourth Department – SEQRA: Seneca Meadows Inc. v. Town of Seneca Falls

New York State Supreme Court, Appellate Division, Fourth Judicial Department

SEQRA — Standing — Environmental harm

Seneca Meadows Inc. v. Town of Seneca Falls

CA 23-01878

Appealed from Supreme Court, Seneca County

Background: The petitioner-plaintiff commenced a hybrid Article 78 proceeding and declaratory action seeking to annul the negative declaration issued by the respondent-defendant under the State Environmental Quality Review Act regarding a local law that would prohibit the construction or operation of a waste management facility within the respondent-defendant town. The defendants appeal a determination that the petitioner-plaintiff had standing to assert a cause of action under SEQRA.

Ruling: The Appellate Division reversed. The court held that the petitioner-plaintiff failed to establish or even allege that it had suffered or would suffer an environmental injury. The allegation was that it would suffer economic injuries if the local law was not annulled.

Douglas H. Zamelis for the respondents-defendants-appellants; Eric M. Ferrante, of Nixon Peabody, for the petitioner-plaintiff-respondent.

 Oral argument video