Environmental-Imp act Statements and Land-Use Development

Abstract

This article focuses on two aspects of environmental-impact statements: the factors that must be considered in the review process and the consequences of failing to provide a comprehensive EIS. Whether an EIS is required depends on the impact a project or development may have on the environment (this threshold is low in most instances). In New York State, for instance, “environment” is defined as all physical conditions affected by a proposed action, such as land, air, water, and minerals; flora and fauna; noise levels; objects of historic or aesthetic significance; existing patterns of population concentration, distribution, or growth; and existing community or neighborhood character. In those cases where the EIS avoids or ignores any area of impact, the courts may rule that already approved permits are null and void. Such deficiencies cannot be corrected by the filing of an amended declaration.