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CITY TOOK THE REQUISITE HARD LOOK AT THE ENVIRONMENTAL IMPACTS OF THE REDEVELOPMENT PLAN, INCLUDING ITS EFFECTS ON RENTER DISPLACEMENT; SUPREME COURT SHOULD NOT HAVE ANNULLED THE ADOPTION OF THE PLAN (FIRST DEPT).

The First Department, reversing Supreme Court, ruled that the City Council, in approving the redevelopment plan, had taken the requisite hard look pursuant to the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Act (CEQRA) at the environmental impacts of the plan as described in the Final Environmental Impact Statement (FEIS):

Petitioners argued that the City violated SEQRA and CEQR by failing to take a “hard look” at eight issues: (1) impact of rezoning on existing preferential rents and effect on renter displacement; (2) impact on area racial makeup; (3) impact on minority and women-owned businesses (MWBEs); (4) accuracy of prior City FEIS projections on rezoning impacts; (5) impact of loss of the existing Inwood library; (6) impact on emergency response times; (7) cumulative impact of other potential area rezonings, including the adjacent 40-acre MTA railyard; and (8) speculative purchase of residential buildings in the wake of the rezoning. …

We find that the City’s decision was not arbitrary and capricious, unsupported by the evidence, or contrary to law. The City took the requisite “hard look” at all the issues requiring study under SEQRA/CEQR … , but did not have to parse every sub-issue as framed by petitioners … . Moreover, the City was “entitled to rely on the accepted methodology set forth in the [CEQR] Technical Manual” … , including in determining what issues were beyond the scope of SEQRA/CEQR review. Matter of Northern Manhattan Is Not for Sale v City of New York, 2020 NY Slip Op 04235, First Dept 7-23-20

 

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