“Court of Appeals Clarifies SEQRA Standing Rules”

On October 27, 2009, in its decision in In the Matter of Save the Pine Bush, Inc., et al. v. Common Council of the City of Albany, the Court of Appeals of the State of New York clarified the rule for standing in challenges under the State Environmental Quality Review Act (“SEQRA”). The Court held that standing could be established by demonstrating that a plaintiff’s use of a resource is more than that of the general public, a showing that the harm it suffers is greater than that suffered by the public at large. This Stroock Real Estate Practice Group Special Bulletin provides a brief overview of the Court’s decision.