Jump to Navigation
Jump to Content

Gabrielli v. New Paltz

ELR Citation: 44 ELR 20095
Nos. 517051, (N.Y. App. Div., 04/24/2014)

A New York appellate court reversed a lower court decision annulling a local law aimed at preventing the despoilation and destruction of wetlands and watercourses. The lower court ruled that the town enacted the law in violation of New York's State Environmental Quality Review Act (SEQRA), but the appellate court reversed. The record establishes that the town's planning board engaged in a thorough and lengthy review process, identified relevant areas of environmental concern, took the requisite hard look at these concerns, and made a reasoned and detailed explanation of the basis for its negative declaration, thereby satisfying the requirements of SEQRA. The lower court therefore erred in annulling the law on this basis. Nor is the law unconstitutionally vague.