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SEQRA SERIES, PART 7 - Preparing the Final Environmental Impact Statement (FEIS) and the SEQRA Findings

Jul. 19th, 2024 11:00 am

Energy Environmental Government Accountability Historic Preservation Land Use & Zoning Municipal

The final steps in the SEQRA process involve preparing the Final Environmental Impact Statement (FEIS) and issuing findings.

Preparing the Final Environmental Impact Statement

The FEIS is a pivotal document that responds to public and agency comments on the Draft EIS (DEIS), refines impact analyses, and presents mitigation measures for adverse environmental impacts. The preparation of the FEIS is a step towards finalizing the environmental review process.

The FEIS must address all substantive comments received during the public comment period and any public hearings. This includes providing detailed responses to concerns raised, explaining how the DEIS has been adjusted (if at all), and clarifying why certain suggestions or concerns may not have been incorporated into the project plan. Based on the feedback received, the project sponsor or lead agency revises the environmental impact analysis. This may involve conducting additional studies, refining mitigation measures, or altering aspects of the proposed action to minimize environmental impacts.

The FEIS includes several key components: a summary of the DEIS and the public comments received, responses to those comments, and a revised analysis of environmental impacts and mitigation measures. It also details any changes made to the proposed action as a result of the SEQRA process. Once completed, the FEIS is filed with the appropriate agencies and made available to the public.

Issuing SEQRA Findings

After the FEIS has been filed, the next step is the issuance of SEQRA findings. This phase is where the lead agency articulates its decision regarding the proposed action, based on the entirety of the SEQRA process.

The findings statement is a document that reflects the lead agency's careful consideration of the FEIS. It must demonstrate that the environmental impacts of the proposed action (and its alternatives) have been thoroughly considered. The findings must explain how the action's social, economic, and environmental benefits weigh against its environmental risks. If adverse environmental impacts are identified, the findings must specify the measures that will be taken to minimize or avoid them.

The lead agency may issue a positive or negative findings statement. Either way, the findings statement is legally binding. A positive findings statement signals the project/action is approvable in consideration of the FEIS. Conversely, a negative findings statement signals the project/action is not approvable, and includes reasons for the denial. The finding statement can be finalized no sooner than 10 days after filing the FEIS. The findings statement and a final decision on the action may be made at the same time.

Conclusion

The preparation of the FEIS and the issuance of SEQRA findings are essential steps that close the loop on the SEQRA review process. Together, they ensure that environmental considerations are not only thoroughly analyzed but also genuinely integrated into governmental decision-making. This approach underscores New York State’s commitment to environmental stewardship and responsible development, ensuring that future generations inherit a sustainable and thriving environment.

If you have questions about the SEQRA process, need assistance with SEQRA, or are seeking guidance with a land use or zoning matter, please contact Mindy L. Zoghlin, Esq., Jacob H. Zoghlin, Esq., or Ryan Ockenden, Esq.

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