Urge the NYS DEC to finalize regulations to help protect vulnerable communities

On January 29, 2025, the New York State Department of Environmental Conservation (NYS DEC) proposed updates to the State Environmental Quality Review Act (SEQRA) regulations to better protect disadvantaged communities from pollution. Disadvantaged communities are those that bear burdens of public health effects, environmental pollution, or impacts of climate change, and include high concentrations of low-income households.

The NYS DEC’s proposed changes to the regulations align with recently implemented New York State law (the Environmental Justice Siting Law, which was championed by a partnership of organizations, including Riverkeeper), which requires lead agencies — agencies with decision-making responsibility for an action — to consider both the existing pollution burden and potential new impacts on disadvantaged communities when making environmental decisions. SEQRA requires lead agencies to determine whether an action may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, such agencies are required to prepare or request an environmental impact statement from the project developer.

The proposed amendments include updates to SEQRA regulation language and the environmental assessment forms, which agencies use to evaluate a project's environmental impact. These updates aim to help agencies assess whether a project will have significant negative effects on disadvantaged communities. Under the NYS DEC’s proposed amendments, an action may have a significant adverse impact on the environment, and require an environmental impact statement, if the action may cause or increase a disproportionate pollution burden on a disadvantaged community.

To support these efforts, the NYS DEC has introduced a new Disadvantaged Community Assessment Tool. This screening tool, which uses data on environmental burdens and population vulnerabilities, will help agencies guide decision-making and identify communities that may require further analysis and public input.

Overall, the draft SEQRA amendments expand the criteria used to evaluate the impacts of a proposed action. By requiring a closer look at pollution impacts on vulnerable communities, the NYS DEC’s proposed amendments seek to ensure that legacy pollution is a key consideration in project approvals.

With the federal government failing to take strong action on environmental protection, New York State has an important role to play in safeguarding vulnerable communities. Finalizing these updates would ensure that state decisions take into account the pollution and health risks that these communities face, and help prevent further harm.

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