Hudson River Sloop Clearwater, Inc. v. Cuomo
Court: Appellate Division of the Supreme Court of the State of New York; December 27, 1995; New York; State Appellate Court
Judgment from the Supreme Court of New York County on April 20, 1995, found the City and State, along with related agencies, in violation of the State Environmental Quality Review Act (SEQRA) for not preparing an environmental impact statement (EIS). The court granted injunctive and mandamus relief, but this decision was unanimously reversed on appeal. The appellate court ruled that an EIS, as required by ECL 8-0109, must be prepared and made public prior to granting significant authorizations for specific proposals. The court noted the challenge in determining when the EIS requirement is triggered, but concluded that at the time the CPLR article 78 proceeding was initiated, the requirement had not yet been activated. While some preliminary planning steps for the Hudson River Waterfront were evident, such as a 1992 Memorandum of Understanding and the establishment of the Hudson River Park Conservancy, no definitive actions had committed any agency to future decisions. The appellate court also considered and dismissed additional claims from the parties involved.