The courts issued 38 decisions in 2013 under the State Environmental Quality Review Act (SEQRA). This represented the third-lowest number of decisions since this annual survey began in 1990; lower numbers were found only in 2011 (35) and 2010 (37).
It was a miserable year for those bringing SEQRA cases. In only one case that reached a final decision in 2013 did plaintiffs prevail. Plaintiffs also won one motion on attorney fees, and they survived one motion to dismiss. Where an environmental impact statement (EIS) had been prepared, defendants won all six cases. Where there was no EIS, plaintiffs won one and defendants won 23. (The rest of the cases were not classifiable in this fashion.) This is the lowest percentage of plaintiff victories since at least 1990.
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