Following its examination of all the relevant factors, DCP issued a Negative Declaration
on April 20, 2009, which explained DCP's determination of no significant impact on the environment from the Rezoning.
By issuing a negative declaration
and refusing to hold even one hearing on the east side of the Hudson River, the DEC has belittled and disrespected the serious health concerns of residents (and their local governments) who live only a few miles downwind of LaFarge.
New Jersey requires any industrial establishment closing, selling or transferring operations to submit either a negative declaration
or a cleanup plan for the site prior to completing the transaction.
If the SEQR was a positive declaration (a determination by the town that there was problems with environmental issues) there could have been difficulties with this project going forward, but there was a negative declaration
Judge York of the Manhattan Supreme Court found that these changes should have caused the City to conduct and issue an environmental impact study, instead of issuing a negative declaration
that Local Law 38 would have no negative affect on environmental threats to human health.
(110) For its part, UDC found that the proposed project was exempt from SEQRA review, and :issued a negative declaration
stating that any adverse environmental effects would be mitigated.
Two weeks ago, an article in the Reporter revealed that State Parks had unilaterally granted itself a "negative declaration
" under the State Environmental Quality Review Act (SEQRA), exempting itself from undergoing the rigorous review mandated for construction projects which have probable impacts on the environment.
(22) Conditions attached to an approval "must be practicable and reasonably related to impacts identified in the EIS or the conditioned negative declaration
." (23) Agencies may also impose conditions on projects for issues that are normally outside the scope of the agency's jurisdiction.
Before passing Local Law 38 -- which placed new rules concerning the removal of lead-based paint -- the council issued a "negative declaration
" saying the new law would have no significant impact to the environment.
If not, the agency is authorized to issue a "negative declaration