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SAVE PINE BUSH v. COMMON

13 N.Y.3d 297 (2009)

In the Matter of SAVE THE PINE BUSH, INC., et al., Respondents, v. COMMON COUNCIL OF THE CITY OF ALBANY, Appellant, et al., Respondent.

Court of Appeals of New York.

Decided October 27, 2009.

Attorney(s) appearing for the Case

John J. Reilly, Corporation Counsel, Albany (Jeffery V. Jamison of counsel), for appellant.

Stephen F. Downs, Selkirk, for respondents.

Andrew M. Cuomo, Attorney General, Albany (Barbara D. Underwood, Andrea Oser and Andrew B. Ayers of counsel), for New York State Department of Environmental Conservation, amicus curiae.

The Law Office of Marc S. Gerstman, Albany (Cheryl A. Roberts and Marc S. Gerstman of counsel), for Sierra Club Atlantic Chapter and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and JONES concur with Judge SMITH; Judge PIGOTT concurs in result in a separate opinion in which Judge READ concurs.

[13 N.Y.3d 301]

OPINION OF THE COURT

SMITH, J.

We hold that a person who can prove that he or she uses and enjoys a natural resource more than most other members of the public has standing under the State Environmental Quality Review Act (SEQRA) to challenge government actions that threaten that resource. Applying that rule to this case, we hold that the individual petitioners who are members of petitioner Save the Pine...

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