Following the coordinated review and determination of significance discussed in Part 4 of this series, the SEQRA process now advances (where a positive declaration has been issued) into two critical phases: scoping and preparation of the Draft Environmental Impact Statement (DEIS). These steps are designed to focus the environmental review on what truly matters—identifying, analyzing, and addressing potentially significant adverse environmental impacts.
Scoping the Draft EIS
Scoping is the process of identifying the range of issues to be addressed in the DEIS and typically begins after a lead agency issues a positive declaration. The lead agency may either circulate a draft scope for public review or invite input from involved agencies and the public before preparing one.
The goals of scoping are to:
- Focus the DEIS on potentially significant adverse environmental impacts;
- Eliminate consideration of issues that are irrelevant or insignificant;
- Identify reasonable alternatives to the proposed action;
- Establish appropriate methodologies for impact analysis;
- Identify potential mitigation measures; and
- Provide an early opportunity for agency and public input.
Public participation is a key feature of this stage and may include a written comment period and, in some cases, a public scoping session.
Following the comment period, the lead agency prepares and issues a final written scope. This document serves as the blueprint for the DEIS, outlining the topics to be analyzed, the level of detail required, and the structure of the document. Under SEQRA regulations, the final scope must be provided within 60 days of the close of the scoping comment period, unless extended by mutual agreement.
Preparing the Draft EIS
Once the final scope is established, preparation of the DEIS begins. The DEIS is typically prepared by the project sponsor or lead agency. The DEIS must provide a clear and objective analysis of the proposed action and its potential environmental impacts, consistent with the final scope. At a minimum, it should include:
- A detailed description of the proposed action and its purpose and need;
- A description of the existing environmental setting (baseline conditions);
- An identification and analysis of potential environmental impacts (including both short- and long-term effects);
- A discussion of cumulative impacts, where relevant; and
- An evaluation of reasonable alternatives, including the “no-action” alternative.
The alternatives analysis is a central component of the DEIS. SEQRA requires a comparative assessment of reasonable alternatives that could achieve the project’s objectives while reducing environmental harm. This analysis helps inform both agency decision-making and public understanding of the available options.
The DEIS must be analytical rather than conclusory, supported by credible data, methodologies, and, where appropriate, technical studies. It should strike a balance, comprehensive enough to inform decision-makers and the public but focused on truly significant impacts.
Conclusion
Scoping and preparation of the DEIS are foundational to an effective SEQRA review. By clearly defining the issues up front and requiring a focused, data-driven analysis, these steps ensure that environmental considerations are meaningfully integrated into the decision-making process.
In Part 6, we will examine the public review process for the DEIS, including hearings, comment periods, and the preparation of the Final EIS. If you have questions about SEQRA, need assistance with SEQRA, or are seeking guidance with an Environmental, Land Use & Zoning, or Municipal Law matter, please contact Jacob H. Zoghlin at 585-258-2834 or jzoghlin@underbergkessler.com or Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com.
