New York Adopts Regulatory Amendments Implementing Environmental Justice Law
The New York State Department of Environmental Conservation (NYSDEC) adopted amendments to State Environmental Quality Review Act (SEQRA) regulations, effective June 12, 2026. These regulatory changes implement the 2024 Environmental Justice Siting Law, which established rigorous requirements for evaluating the impacts of proposed projects on disadvantaged communities. Projects determined not to have significant environmental impacts, or for which NYSDEC accepted a draft Environmental Impact Statement (EIS) on or before June 12, are not required to comply with the amendments.
The final amendments are substantially similar to those proposed in 2025. The revised regulations expand the criteria for determining the significance of a proposed action—and thus whether an EIS is required—to include environmental justice considerations. Specifically, a proposed action could now require the preparation of an EIS where it “may cause or increase a disproportionate pollution burden on a disadvantaged community.” Where an EIS is needed, it must include an assessment of the proposed action’s potential impacts on the disadvantaged community to the extent those impacts are relevant and significant.
As has long been the case, permit renewals that do not result in a material change in permit conditions or the scope of permitted activities remain a Type II action for which an EIS is not required.
NYSDEC also revised the model environmental assessment forms (EAFs) to include questions about proximity to and potential impacts on disadvantaged communities. The amended EAFs also include questions concerning potential climate and air impacts.
For any new or ongoing projects where NYSDEC has not made a significance determination or accepted a draft EIS, regulated entities should evaluate whether the project is in or near a disadvantaged community and whether they need to consider environmental justice impacts during the SEQRA process.
Beveridge & Diamond, including the lawyers in our New York office, assists clients with strategic regulatory compliance and risk assessment, enforcement and investigations, and litigation matters related to states’ environmental regulatory regimes across the country. Our multidisciplinary team combines substantive expertise with air, climate change, environmental justice, and a deep bench of trial-tested litigators to help our clients across industries succeed.
