Friends of P.S. 163, Inc. v. Jewish Home Lifecare

90 N.E.3d 1253, 68 N.Y.S.3d 382, 30 N.Y.3d 416
CourtCourt for the Trial of Impeachments and Correction of Errors
DecidedDecember 12, 2017
DocketNo. 128
StatusPublished
Cited by35 cases

This text of 90 N.E.3d 1253 (Friends of P.S. 163, Inc. v. Jewish Home Lifecare) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friends of P.S. 163, Inc. v. Jewish Home Lifecare, 90 N.E.3d 1253, 68 N.Y.S.3d 382, 30 N.Y.3d 416 (N.Y. Super. Ct. 2017).

Opinion

RIVERA, J.:

Petitioners in these two article 78 proceedings challenge a New York State Environmental Quality Review Act (SEQRA) assessment by the New York State Department of Health (DOH) of Jewish Home Lifecare's (JHL) application to construct a new residential facility in New York City. Petitioners are, respectively, parents of students attending a public elementary school next door to the proposed construction site and tenants living in apartment buildings surrounding the site.

*1256**385We reject petitioners' arguments and hold that DOH complied with its SEQRA responsibilities. It identified and assessed relevant environmental hazards, and, as the agency deemed necessary, imposed mitigation measures to protect public health and safety. Therefore, we affirm the order of the Appellate Division.

I. STATUTORY AND REGULATORY SEQRA PROCESS

In New York State, "SEQRA makes environmental protection a concern of every agency" ( Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 414, 503 N.Y.S.2d 298, 494 N.E.2d 429 [1986], citing Environmental Conservation Law § 8-0103[8] and 6 NYCRR § 617.1 [b] ). Any construction project that requires state agency approval, such as the construction of a nursing home (see Public Health Law § 2802 ), "which may have a significant effect on the environment," must go through a full SEQRA assessment to make sure that it is undertaken in a way that minimizes damage to the environment and public ***425health (see Environmental Conservation Law § 8-0109[1], [2] ). To that end, the agency must prepare an Environmental Impact Statement (EIS) that complies with both the substantive and procedural requirements of SEQRA and all other applicable regulations (see Environmental Conservation Law § 8-0109[2], 6 NYCRR parts 617-618). This "insures that agency decision-makers-enlightened by public comment where appropriate-will identify and focus attention on any environmental impact of proposed action, that they will balance those consequences against other relevant social and economic considerations, minimize adverse environmental effects to the maximum extent practicable, and then articulate the bases for their choices" ( Matter of Jackson, 67 N.Y.2d at 414-415, 503 N.Y.S.2d 298, 494 N.E.2d 429 ).

After the agency initially determines that it must prepare an EIS, SEQRA review proceeds through several steps. First, the project sponsor or the lead state agency on the project may conduct an optional "scoping session," exploring the method to be used in assessing the project's environmental impact (see 6 NYCRR § 617.8 ).1 Next, the lead agency must prepare or cause to be prepared a Draft Environmental Impact Statement (DEIS), to be filed with the Department of Environmental Conservation, which surveys the relevant environmental risks posed by the proposed project ( Environmental Conservation Law § 8-0109 ; 6 NYCRR § 617.12 [b][6] ). After the DEIS has been finished and publicly reviewed, the agency prepares and files a Final Environmental Impact Statement (FEIS) ( Environmental Conservation Law § 8-0109[6] ). The DEIS and FEIS must analyze "the environmental impact and any unavoidable adverse environmental effects" of the project under review, as well as "alternatives to the proposed action ... including a 'no-action alternative,' ... and mitigation measures" ( Matter of Jackson, 67 N.Y.2d at 416, 503 N.Y.S.2d 298, 494 N.E.2d 429 [citations omitted] ). Finally, before approving the project, the agency must "make an explicit finding that the requirements of [SEQRA] have been met and that[,] consistent with social, economic[,] and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided" ( Environmental Conservation Law § 8-0109[8] ). By administrative *1257**386regulation, such finding must be contained in a written Findings Statement, which considers the conclusions reached in the FEIS, weighs and balances the relevant environmental impacts, and "provide[s] a rationale for the agency's decision" ( 6 NYCRR §§ 617.11 [c], [d] ). ***426Opportunity for public participation and engagement is an essential and mandatory part of the SEQRA process. At each step, the agency must provide for public comment, usually through a written public comment period (see 6 NYCRR §§ 617.8 [e], 617.9[a][2]-[5], 617.11[a], [b]; see generally Matter of Jackson, 67 N.Y.2d at 415-416, 503 N.Y.S.2d 298, 494 N.E.2d 429 [summarizing SEQRA process, including public comment requirements] ). The agency is further authorized to hold optional public hearings at its discretion (see Environmental Conservation Law § 8-0109 [5] ; 6 NYCRR §§ 617.8 [e], 617.9[a][4] ).

II. DEPARTMENT OF HEALTH'S SEQRA REVIEW OF JHL's CONSTRUCTION PROJECT

In the appeal before us, JHL applied to DOH for permission to construct a new 414-bed residence for the elderly and disabled on a vacant lot on West 97th Street in New York City, to replace JHL's existing, outdated facility several blocks away. JHL submitted an Environmental Assessment Statement to DOH, triggering the SEQRA review process. DOH assumed the SEQRA lead agency role, and subsequently issued a notice of intent to prepare a DEIS.

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Cite This Page — Counsel Stack

Bluebook (online)
90 N.E.3d 1253, 68 N.Y.S.3d 382, 30 N.Y.3d 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-of-ps-163-inc-v-jewish-home-lifecare-nycterr-2017.