Be careful what you wish for: A SEQRA negative declaration may be harmful to long term projects


John Wagner

As seen in the New York Real Estate Journal, John Wagner’s article was published on October 26, 2010.

Conventional wisdom holds that, on the often arduous road between conception and
implementation of a proposed land use project, a “negative declaration” under the State
Environmental Quality Review Act (SEQRA) (i.e., a determination that the proposed action
will have no significant adverse environmental impact) is a major milestone, and even cause
for relief for the project sponsor. At times, however, a negative declaration, true to its name,
may actually be detrimental to the development process.

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