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When you're considering buying land in New York State, whether as an individual or a development company, environmental due diligence is a critical step that shouldn't be overlooked. This process involves assessing the environmental condition of a property to identify potential risks and liabilities before the purchase is finalized. Skipping this step could lead to significant financial and legal consequences down the line.

For local governments in New York State, environmental due diligence is not just a procedural step—it’s a fundamental responsibility. Whether planning new development projects, redeveloping existing properties, or managing land transactions, local governments must ensure that environmental risks are thoroughly assessed and mitigated. This due diligence protects public health, preserves natural resources, and helps municipalities avoid costly liabilities.

Jacob H. Zoghlin, Esq., has been recognized by Super Lawyers as a Rising Star and Top Rated “Environmental” Attorney in Rochester, New York in 2024. Jacob was also previously honored on the Super Lawyer’s list of Rising Stars in the areas of “State, Local & Municipal Law” (2023), “Cannabis Law” (2022), “Environmental Litigation” (2021), and “Zoning and Land Use Law” (2020).

Mindy L. Zoghlin has been recognized by Super Lawyers as a Top Rated “Land Use & Zoning Attorney” in Rochester, New York for the eighth year in a row (2017-2024).

Jacob H. Zoghlin was selected in 2024 by his peers for inclusion in “Best Lawyers: Ones to Watch in America” for his work in the fields of “Environmental Law” and “Land Use and Zoning Law” for the second year in a row.

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

The next steps in the SEQRA process involve opening up SEQRA review for the project/action for public comment on the Draft EIS (DEIS), and then potentially holding a public hearing on it, too.

The next steps in the SEQRA process involve scoping and preparing the Draft EIS (DEIS). Scoping is an essential step in the SEQRA process, aimed at identifying the significant environmental issues that need to be addressed in the DEIS. This process ensures that the DEIS is concise and focused on significant environmental impacts, avoiding the inclusion of unnecessary or irrelevant information.

The next steps in the SEQRA process involve coordinated review of the action amongst involved agencies, and a determination of significance of potential environmental impacts.

The type of Environmental Assessment Form (EAF) required depends on whether the action is classified as Type I, Unlisted, or Type II. This blog provides a guide to understanding and completing the correct EAF depending on the type of project, and whether an EAF needs to be completed at all.

SEQRA classifications fall into three categories: Type I, Unlisted, and Type II actions. Each category has specific criteria and implications for the environmental review process. This blog provides a comprehensive guide to understanding these classifications and when they come up.

In the realm of New York State environmental regulation, the State Environmental Quality Review Act (SEQRA) stands out as cornerstone legislation. SEQRA mandates that all agencies must evaluate the environmental impacts of the actions they propose or approve. This blog post aims to shed light on the purpose of SEQRA and delve into the types of actions that necessitate SEQRA review.

Dealing with environmental contamination can be a challenge for property owners, often resulting in costly cleanup liabilities. When contamination occurs, a cost recovery action may be initiated to address the issue and to ensure that responsible parties ultimately bear the financial burden of remediation. Understanding how these actions proceed and what steps property owners can take to limit their liabilities is crucial in returning a contaminated property to its proper condition for future development or conservation.

Like the sunrise every morning, one thing is certain: there will always be people displeased with a municipal board’s decision-making. If a legal challenge to a municipal board decision happens, the administrative record that the board created for that decision is critically important.

Today, the resolution of legal disputes — especially those involving land use and environmental laws, municipal decision-making, and community development projects impacting communities — often lead parties towards the courtroom.

New York State is home to diverse communities, each with its unique charm and character. Sometimes, development projects come knocking at our doors, bringing change that can disrupt our environment, neighborhoods, and way of life.

New York’s State Environmental Quality Review Act (SEQRA) ensures that any state or local governmental decisions which may impact the environment are given due consideration. It’s a law that touches on various aspects of community life, from new construction to the adoption of land use plans. But what exactly triggers a Type I action under SEQRA? Let’s delve into this topic to uncover the significance of these actions and how they could affect you and your community.

In a progressive move towards streamlining the civil litigation process, New York State Governor Hochul recently signed into law bills that amend the New York Civil Practice Law & Rules (CPLR) Section 2106, marking a pivotal shift in the procedural dynamics of civil litigation. Effective from January 1, 2024, the amendments apply to both ongoing and future actions, aiming to remove bureaucratic hurdles that have traditionally impeded the swift progression of legal processes.

In an historic move, New York City is setting the stage for transformative change through comprehensive zoning reforms, collectively known as the “City of Yes” initiative.[1] This approach aims to address some of the city’s most pressing issues, including the housing crisis, the need for sustainable development, and the aspiration for a city-wide economic revitalization. This blog takes a look at the three cornerstone changes that are poised to reshape the city, while addressing necessary future considerations.

Upstate New York has the opportunity to enter a technological renaissance. In late October, the federal government, authorized by the CHIPS and Science Act, designated Syracuse, Rochester, and Buffalo as a national tech hub for computer chip manufacturing (NY SMART I-Corridor), and the Southern Tier for battery technologies and the energy storage sector (New Energy New York).

The U.S. Environmental Protection Agency (EPA) is taking significant strides in addressing environmental and public health disparities across communities with its commitment to Environmental Justice (EJ) programs. In New York, these initiatives are receiving a substantial boost, with over $61 million in funding earmarked for projects that aim to empower and protect underserved communities. Let’s delve into what these programs entail, how they are funded, and the transformative impact they can have on New Yorkers.

Are you part of a homeowners’ association (HOA) and considering the adoption of clean, renewable energy? Going solar as an HOA or as a homeowner within an HOA may be the right choice for you. As the world increasingly prioritizes sustainable energy solutions, HOAs are also looking to harness the power of the sun.