Citizens Can Protect Nature

Patrick Bean, The Poughkeepsie Journal April 30, 2006

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A variety of human actions, developments and decisions can cause adverse effects on the environment. New York state assesses the possible environmental effects of the actions with the State Environmental Quality Review Act, often referred to as SEQRA or SEQR. The law offers the single greatest opportunity for average citizens to influence the decisions made by their local government and help protect the environment. But the law's complexity -- with a labyrinthine series of steps and a language all its own -- can be daunting.

Since its inception in 1975, the law has pitted environmental advocates and developers against each other, while the majority of citizens remain inactive on the sidelines.

''I don't believe that the average citizen is aware that SEQR provides them with the opportunity to participate in land-use decisions by their municipalities,'' said Doreen Tignanelli, a Town of Poughkeepsie resident who learned the ins and outs of SEQR after a developer purchased land on old Girl Scout camp adjacent to her property six years ago. She's since become an environmental watchdog in the town.

Review required

The law requires government to review possible adverse environmental effects of an action and weigh those effects against possible social and economic benefits. According to the law, an action is subject to review if any state or local agency has the authority to issue a discretionary permit, license or other approval for that action. It also applies if a project is directly funded or undertaken by a state or local agency, and if an action or project has a perceivable effect on the environment.

A variety of environmental conditions can be investigated in the process. Possible positive or negative effects include changes in soils, geology, surface water resources, groundwater resources and vegetation, to effects on transportation, utilities, emergency services, recreational resources, fiscal effects and demographics. The process is wide-reaching and can include questions of community character, visual effects and cumulative impact relative to other proposals.

''SEQR decisions can impact the environment, public health and safety, and property values. People should keep up to speed on what's going on around them,'' said Tim Sweeney, regulatory watch program director for Environmental Advocates of New York, an environmental group based in Albany.

The SEQR process provides community members their greatest opportunity to influence a project or action, and voice either positive or negative feedback. Community members can write letters to or call elected officials to voice their concerns, or attend public hearings and have their comments placed on record. The SEQR process provides specific opportunities for public input, and comments are most effective if given during the designated periods.

If opponents and proponents converge on the issues of a project, more light can be shed upon the issues. The participation can lead to project improvements and lessen effects. If people fail to participate and an action goes unchecked, issues may arise after the fact and the damage may be irreversible.

Participation encouraged

''I encourage more people to go to more community meetings,'' John Mylod said. ''That's where decisions get made."

Mylod, an environmental advocate from the City of Poughkeepsie, and a former executive director of Hudson River Sloop Clearwater, believes the public understands the basis and need for reviewing an action's possible environmental effects. However, the law's language and complexity can cause fits for residents without legal or political experience.

With terms such as ''negative declaration,'' ''negative findings,'' ''scoping,'' ''type one,'' ''type two,'' and ''unlisted'' actions, the public may find themselves lost in translation.

''No doubt about it, learning the ins and outs of the SEQR process can seem intimidating,'' Tignanelli said.

Knowing the steps and understanding the proper way to participate are essential and can be learned in the comfort of your own home. Tignanelli started with Department of Environmental Conservation publications about the process, the SEQR Cookbook and the more detailed SEQR Handbook.

''There is also a huge amount of data available on the Internet,'' she said. ''I couldn't imagine learning the process without the benefit of the Internet. It would be much more difficult.''

A new law that took effect in March also requires agencies to post environmental impact statements on the Web.

''I am confident in my ability to defend my stand. If you have done your research and are sure of the facts, it is much easier to get your point across. And it's OK if others don't agree with you. Legal experts disagree on interpretations all the time,'' Tignanelli said. ''The key is you must have factual information to base your findings on.''

A WALK DOWN SEQR LANE

The State Environmental Quality Review process gives citizens the most power to affect projects that might harm the environment, but it can be daunting. Here's a guide to the main steps of the process, and some of the key vocabulary words one should understand to participate.

The length and scope of the State Environmental Quality Review, or SEQR, process depends on the size and type of the action proposed by an applicant. The applicant is a company, individual or government body. The action is a proposed project, such as a housing subdivision, or a decision, such as a new law.

ONE

Determine whether the action may have a significant adverse environmental effect. If no foreseeable significant environmental effects are expected, the action is considered a Type II action, and no further review is necessary. Type II actions can include routine license or permit renewals or rehabilitation of existing structures.

TWO

Declare it a Type I action. A Type I action has the potential for significant environmental effects, and can include proposed land use laws, and large residential or commercial developments.

THREE

The next step for a Type I action is the completion of an environmental assessment form, or EAF. An EAF describes the action, current baseline conditions and possible effects, such as increased traffic or degradation of significant wildlife habitat.

FOUR

Following the completion of an EAF, all government agencies that would provide funding or permits for the project are informed. They are known as the involved agencies. Among them, a lead agency is designated to conduct the review.

FIVE

The lead agency reviews the EAF and determines the significance of possible environmental effects. If significant environmental effects are not expected, the agency issues a negative declaration and the review process ends. A positive declaration means the project may harm the environment, and requires the creation of an environmental impact statement, or EIS.

SIX

The lead agency then determines the scope of the draft environmental impact statement, or DEIS, to be completed. The scope defines what issues must be studied, and in what detail.

SEVEN

The lead agency must set a 30-day public comment period for scoping, so people can

suggest relevant issues that should be addressed. The lead agency may hold a public scoping hearing, but is not required to do so.

The DEIS is a description of the proposed action, its environmental setting, its purpose and benefits and its potential significant environmental effects. Alternatives, including taking no action and potential measures to limit environmental harm, must be included in the DEIS.

EIGHT

Once the DEIS is submitted to the lead agency, the agency has 45 days to determine if it is complete -- that is, whether it fulfills the requirements set out in the scope and is ready for public review. An applicant can revise and resubmit the document if it is deemed incomplete.

NINE

When the lead agency accepts a DEIS as complete, it is not an endorsement of the project. It means the DEIS addresses all issues identified in the scope. After accepting the DEIS as complete, the lead agency sets a 30-day public comment period and may hold a public hearing.

TEN

A final environmental impact statement, or FEIS is prepared 45 days after the close of any hearings or 60 days after the filing of the DEIS, whichever occurs last. The FEIS includes all elements of the DEIS, as well as the comments from the public and involved agencies, and the lead agency's response to the comments.

ELEVEN

The final step of the process is for all involved agencies to issue SEQR findings, and the lead agency to make its decision.

A negative findings statement means the action cannot be approved. A positive findings statement means the action can be approved. The action may also be endorsed with modification to limit its effect.

TWELVE

The lead agency's decision is final unless it is challenged through an Article 78 proceeding. It can be rescinded if a judge finds the lead agency did not perform a proper review.

ON THE WEB

For more detailed explanations, visit

www.dec.state.ny.us/website/dcs/seqr/index.html

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