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Challenge to Environmental Impact Statement Premature/Not Ripe for Adjudication Until the Special Use Permit and Site-Plan Approval (which Precipated the Enviromental Review) Are Issued

The Second Department determined a challenge to finding pursuant to the State Environmental Quality Review Act (SEQRA) was not ripe.  The environmental review was precipitatied by an application for a special use permit and site-plan approval.  Although the town board had approved the final environmental impact statement (FEIS), the special use permit and site-plan approval were still pending:

An action taken by an agency pursuant to SEQRA may be challenged only when such action is final (see CPLR 7801[1]). An agency action is final when the decisionmaker arrives at a ” definitive position on the issue that inflicts an actual, concrete injury'” … . The position taken by an agency is not definitive and the injury is not actual or concrete if the injury purportedly inflicted by the agency could be prevented, significantly ameliorated, or rendered moot by further administrative action or by steps available to the complaining party … .Here, the issuance of a SEQRA findings statement did not inflict injury in the absence of an actual determination of the subject applications for a special use permit and site-plan approval and, thus, the challenge to the adoption of the findings statement is not ripe for adjudication… . Matter of Patel v Board of Trustees of Inc Vil of Muttontown, 2014 NY Slip Op 01756, 2nd Dept 3-19-14

 

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