Village of Westbury v. Department of Transportation
The Village of Westbury initiated a CPLR article 78 proceeding against the Department of Transportation (DOT) for alleged violations of the State Environmental Quality Review Act (SEQRA). The Village sought to annul a negative declaration issued by DOT for the reconstruction of an interchange and a proposed widening of the Northern State Parkway, arguing that the projects' cumulative environmental effects required an Environmental Impact Statement (EIS). The Supreme Court dismissed the petition, but the Appellate Division reversed, annulling the negative declaration and remitting the case to DOT. The Court of Appeals affirmed the Appellate Division's order, concluding that DOT erred by not considering the combined environmental effects of the interchange reconstruction and the parkway widening, as these were interdependent projects under SEQRA regulations. The Court also held that DOT must apply the more protective Department of Environmental Conservation (DEC) regulations and that the Village's proceeding was timely because DOT failed to provide proper notice of the negative declaration.