On May 13, 2026, the New York State Department of Environmental Conservation (“DEC”) published a Notice of Adoption of amendments to the State Environmental Quality Review Act (“SEQRA”, 6 NYCRR Part 617 et seq.). These significant revisions represent the most consequential reshaping of SEQRA in years. Entities with projects in the planning, permitting, or financing stage should evaluate the implications of these amendments now.
Key Changes at a Glance
Environmental Justice Integration
Implementing the 2022 Environmental Justice Siting Law (“EJSL”), the amendments require lead agencies to consider whether an action “may cause or increase a disproportionate pollution burden on a disadvantaged community” either directly or indirectly when making a determination of significance under SEQRA. Notably, a positive declaration of significance (triggering the preparation of an Environmental Impact Statement (“EIS”)) may now be warranted based on potential disproportionate impacts to a disadvantaged community (“DAC”), even in the absence of other significant adverse environmental impacts.
Expanded EIS Content Requirements
Where an EIS is required, it must now include a dedicated analysis of effects on any impacted DAC, including whether the action may cause or increase a disproportionate pollution burden to a DAC.
New Definitions
SEQRA regulations will incorporate the Environmental Conservation Law (“ECL”) definition of “Disadvantaged Communities,” defined as “communities that bear burdens of negative public health effects, environmental pollution, impacts of climate change, and possess certain socioeconomic criteria, or comprise high-concentrations of low- and moderate- income households, as identified by the Climate Justice Working Group.” A similar ECL definition is incorporated for “Pollution,” defined as “the presence in the environment of conditions and or contaminants in quantities of characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas of the state as shall be affected thereby.”
Revised Environmental Assessment Form (“EAF”) and Disadvantaged Community Assessment Tool (“DACAT”)
Both the Short and Full EAFs have been updated. New questions address project proximity and impacts to DACs, 500-year floodplain locations, future physical climate risks, air emissions, and greenhouse gas emissions. The most significant change to the EAF forms is the inclusion of the DACAT, a screening tool created by DEC to help lead agencies assess disproportionality and consider whether a potentially affected DAC has an increased likelihood of experiencing a moderate to large impact based on existing burdens or vulnerabilities as compared to relevant non-DACs. DACAT is intended for use as a screening tool to help lead agencies identify DAC census tracts that may warrant further consideration, analysis, and community input based on existing information.
Expansion of Type II Actions
The amended regulations also expand the list of Type II actions (actions pre-determined to not have significant adverse environmental impacts) to include qualifying residential construction projects which comply with certain conditions, including compliance with local zoning, connection to existing public sewer and water systems, and gross floor area requirements. This change, while modest, is consistent with the broader policy aims of Governor Hochul’s “Let Them Build” reform package that is still being debated as part of the budget.
Hodgson Russ Insights
The updated regulations will take effect on June 12, 2026 (30 days after publication of the Notice of Adoption). DEC has shared that it will provide certain accommodations for projects that have sufficiently advanced in the SEQRA process. For such projects that already have a negative declaration or have an accepted draft EIS (based on a positive declaration) on or before June 12, 2026, they may continue through the review process, subject to the prior regulation.
The operational consequences of these amendments are substantial. Project sponsors can expect expanded environmental review scope for projects involving significant air emissions, industrial operations, or waste management activities near DACs, additional required EIS analysis addressing cumulative burdens and climate considerations, and heightened litigation risk from environmental justice organizations and neighboring communities.
The Hodgson Russ Environmental team advises developers, investors, municipalities, and industrial clients on every stage of SEQRA review, from early due diligence and EAF preparation through EIS drafting, agency negotiation, and Article 78 litigation defense. If you have a project in development or a pending application that may be affected by these amendments, we encourage you to contact our team for an assessment of your circumstances. Please contact Charles Malcomb, Daniel Spitzer, Thomas Berkman, Michael Boncardo, or any other member of our Environment & Energy Practice to discuss how these amendments impact your projects and operations.
Disclaimer
This Client alert is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and for other readers for educational purposes only. Nothing in this client alert should be construed as, or relied upon as, legal advice or as creating a lawyer-client relationship.