Essay on "Nepa and Seqra the National"

Essay 4 pages (1276 words) Sources: 5

[EXCERPT] . . . .

A good example of this can be seen by looking no further than Pine Bush v. Common Council of Albany. In this decision, there was a complaint brought before the courts that questioned if members of an environmental group have the knowledge (i.e. standing) to make an informed decision. This is based on an environmental organization claiming that the assessment failed to take into account factors such as: the impact of a municipal project on protected species of birds. The city of Albany argued that these individuals did not have the standing or sophistication to understand the report. The court found that they do, because they use the location more than ordinary citizens and are familiar with the ecology in the area. This meant that the initial report that was conducted is flawed by ignoring other aspects that could affect the environment. ("State Environmental Quality Review Act")

Please discuss the concept of standing. What the legal guidelines that must be met to be deemed to have legal standing, and discuss at least 2 court decisions where "standing" was a key issue.

Standing is when a party can show that they are an expert who understands the environmental impact of the proposed activities. This was designed to ensure that the number of frivolous law suits is reduced by limiting the requirements for engaging in any kind of litigation. One of the best examples of this can be seen with Pine Bush v. Common Council of Albany. Like what was state previously, the city of Albany argued that the environmental group was not a legitimate plaintiff. This is because they did not have the knowledge to understand the impact of their activities. The Supreme Court of New York determined that they do. As these individuals utilize the park more so than other citizens (which gives them special insights). This is important in establishing who qualifies as a standing party in a legal proceeding. ("State Environmental Quality Review Act")

Moreover, the Village of Pomona v. Town of Ramapo determined that standing applies when both parties have an interest in the outcome of events. This is illustrating how the SEQRA definition of experts is based upon: their own self-interests and the impact that it will have on them. As a result, this is a broadening of these guidelines by showing how everyone must demonstrate the way they will be adversely affected by these activities. ("Village of Pomona v. Town of Ramapo")

Do you think that Plaintiffs should be required to meet the standing criteria to get into court or should everyone have the right to sue?

Plaintiffs should be required to meet the standing criteria to become a part of any kind of litigation. This is because they have to show that the actions of the state or local government will have a direct impact on their lives. When this happens, they can make an informed argument as to where their study overlooked critical factors (which are affecting the environment and other stakeholders).

As a result, this is preventing frivolous law suits when a new project is proposed and someone disagrees with it. Furthermore, this helps to streamline the process of litigating and determining if the project can move forward in a timely manner. In the future, this prevents these cases from tying up the court system.

References

"National Environmental Policy Act." CEQ, 2012. Web. 15 Oct. 2012.

"State Environmental Quality Review Act." ELR, 2012. Web. 15 Oct. 2012

"SEQR." DEC, 2012. Web. 15 Oct. 2012

"Village of Pomona v. Town of Ramapo." New York Court of Appeals, 2012. Web. 15 Oct. 2012

Schwartz, Lucinda. "Recent NEPA Cases." CEQ, 2004. Web. 15 Oct. 2012 READ MORE

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