Environmental review and justice
Environmental impact review (NEPA, SEQRA) and environmental justice rules for overburdened communities. What changed, the rules that apply and the dates ahead for projects in New Jersey, New York, Connecticut and Pennsylvania.
Latest briefings
- HighNew York
New York opens comments on scope of statewide data center environmental review; deadline October 20
The study that must be finished before state permits for large data centers resume now has a draft outline, and its final shape may govern how later projects are reviewed.
- MediumNew York
New York City outlines truck-pollution duties for warehouses of 50,000 square feet or more
The City's environmental agency described a proposed points system, based on truck trips, that large warehouse operators would have to meet, with environmental review due to start this fall and an estimated 2028 start.
- MediumNew Jersey
Federal: Highway, transit and rail agencies finalize new environmental review rules, in force September 1, 2026
The Federal Highway, Transit and Railroad administrations made their post-CEQ review rules final on September 1, 2026. They govern highway, transit and rail projects in all four states. Exclusion cost thresholds rise to $6 million and $35 million.
- MediumNew Jersey
New Jersey Supreme Court agrees to review the state's environmental justice permit rules
The Court granted review in July 2026 of the rules that can require denial of permits for new facilities in overburdened communities. The Appellate Division upheld them on January 5, 2026. No stay of the rules was reported; the questions include facilities next to such communities and what counts as a new facility.
In courtEnvironmental review & justice - MediumNew Jersey
New Jersey's top court will review environmental justice permit rules, which remain in force meanwhile
The appeal tests how the rules reach facilities next to overburdened communities and which operations count as new facilities that can be denied permits.
In courtEnvironmental review & justice - HighNew York
New York City issues preliminary guidance on exempting housing rezonings from environmental review
A qualifying housing rezoning in New York City can now enter public land use review without an environmental assessment, while reviews of rezonings that do not qualify are now subject to statutory deadlines.
- MediumNew York
New York now sets deadlines for full environmental reviews and exempts some housing on developed sites
A local board that orders a full environmental review must now decide and finish within statutory time limits, and qualifying housing on previously disturbed sites is exempt from review.
Rules 23
- New Jersey · N.J.S.A. 13:1D-157 et seq.; N.J.A.C. 7:1CEnvironmental justice review for listed facility types
- New Jersey · Executive Order No. 215 (1989)Environmental review of state-funded projects
- Federal · 16 U.S.C. 1536, 1538, 1539; 50 CFR Parts 17 and 402Federal endangered species review, including tree-clearing limits for bats
- Federal · 42 U.S.C. 4321 et seq.; 42 U.S.C. 4336aFederal environmental review (NEPA)
- Federal · 54 U.S.C. 306108; 36 CFR Part 800Historic preservation review for federal permits and funding (Section 106)
- New Jersey · N.J.S.A. 13:1B-15.128 et seq.; N.J.A.C. 7:4Review of public projects affecting historic sites
- New Jersey · Executive Order No. 5 (Sherrill, 2026)State permitting reform and shot clocks
- New Jersey · N.J.S.A. 23:2A; N.J.A.C. 7:25-4; 7:7A; 7:13; 7:50Threatened and endangered species habitat review
- New York · Exec. Order 91 of 1977; 62 RCNY ch. 5; 43 RCNY ch. 6City Environmental Quality Review (CEQR)
- New York · ECL Article 70; 6 NYCRR Part 621DEC permit procedures and deadlines
- New York · ECL 70-0118; 6 NYCRR Parts 617 and 621Environmental justice siting law
- New York · ECL 11-0535; 6 NYCRR Part 182State endangered and threatened species
- New York · ECL Article 8; 6 NYCRR Part 617State environmental quality review (SEQR)
- New York · PRHPL 14.09State historic preservation review
- Connecticut · C.G.S. 26-303 to 26-315Endangered species review (NDDB)
- Connecticut · C.G.S. 22a-14 to 22a-20 (esp. 22a-19, 22a-19a)Environmental intervention and historic resources review
- Connecticut · C.G.S. 22a-20a (as amended by PA 23-202)Environmental justice public participation law
- Connecticut · C.G.S. 22a-1 to 22a-1h; R.C.S.A. 22a-1aState environmental review (CEPA)
- Pennsylvania · 71 P.S. § 510-5 (Act 14 of 1984); Acts 67, 68 of 2000Act 14 notices; Acts 67/68 land-use consistency
- Pennsylvania · DEP Doc. 015-0501-002 (EJ Policy, 3 Jan 2026)DEP Environmental Justice Policy and PennEnviroScreen
- Pennsylvania · Act 45 of 2025 (HB 416); 4 Pa. Code Ch. 7a, Subch. HDEP permit deadlines, SPEED and decision guarantee
- Pennsylvania · DEP policy 021-0200-001; DCNR Conservation ExplorerPNDI threatened and endangered species review
- Pennsylvania · 37 Pa.C.S. §§ 507-510 (History Code)State History Code historic resources review