Seems very similar to California’s equivalent law (CEQA) with similar problems and similar potential remedies (and the extreme need for reform). I wonder what kind of laws other environmentally friendly jurisdictions, like places in the EU, do to do discourage environmental damage. They don’t seem to have the same level of litigation risk on everything.
The structure is quite similar, though CEQA is substantially worse it must be said. Their pleading bar is "fair argument," which is even lower than SEQRA, and their private attorney general statute is much more generous with fee-shifting and the like, both of which encourage even more litigation.
As for the EU question, it's a bit outside my area of expertise, so take with a grain of salt, but they have a much less developed scheme for private enforcement of government action (likely a civil/common law difference in my opinion), which makes it much more costly and expensive to hold up projects frivolously.
Seems very similar to California’s equivalent law (CEQA) with similar problems and similar potential remedies (and the extreme need for reform). I wonder what kind of laws other environmentally friendly jurisdictions, like places in the EU, do to do discourage environmental damage. They don’t seem to have the same level of litigation risk on everything.
The structure is quite similar, though CEQA is substantially worse it must be said. Their pleading bar is "fair argument," which is even lower than SEQRA, and their private attorney general statute is much more generous with fee-shifting and the like, both of which encourage even more litigation.
As for the EU question, it's a bit outside my area of expertise, so take with a grain of salt, but they have a much less developed scheme for private enforcement of government action (likely a civil/common law difference in my opinion), which makes it much more costly and expensive to hold up projects frivolously.