[T]he EAS, standing on its own, has a rational basis and that DCP's issuance of the negative declaration was a proper exercise of discretion.
(105) While a comprehensive review of these cases is beyond the scope of this article, the cases uniformly recognized the guiding principle that a judicial review of an agency's SEQRA/CEQR administrative determination, including a negative declaration, is strictly limited.
Scenic Hudson I concerned a resolution passed by the Fishkill Town Board, based upon a
negative declaration by the Board pursuant to SEQRA, rezoning 213 acres of land from residential use to Planned Industrial.
The first rezoning application to come before the Town Board received a
negative declaration and was approved without an EIS having been prepared.
The general rule is that when a lead agency has issued a
negative declaration under SEQRA and subsequently approves the project, the statute of limitations accrues upon approval.
The amendment of the
negative declaration, added to the regulations in 1987, allows the lead agency to rescind such a declaration.
On the other hand, the $40 million Niagara Falls State Park Landscape Improvements plan, the $35 million Maid of the Mist/Schoellkopf boatyard and the controversial State Parks Police barracks, all entailing enormous environmental, economic and social impacts, got
negative declarations and were arbitrarily exempted from SEQRA review.
"We obviously want to maintain normal relations, but it is very difficult when the president continues in his very
negative declarations and his irresponsible declarations about my country," Noriega said.
