Stewart Park and Reserve Coalition v. New York State Dept. of Transp.

• Decision Date: 26 April 1990
• Parties: In the Matter of STEWART PARK AND RESERVE COALITION et al., Respondents, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 481

555 N.Y.S.2d 481

157 A.D.2d 1

In the Matter of STEWART PARK AND RESERVE COALITION et al Respondents, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court, Appellate Division Third Department.

April 26, 1990.

Robert Abrams, Atty. Gen. (Michael J. Moore, Peter H. Schiff and Douglas H. Ward, of counsel), Albany, for appellant.

Elder and Long (Michael S. Elder, of counsel), Kingston, for respondents.

Beveridge & Diamond, P.C. (Henry L. Diamond and Christopher W. Mahoney, of counsel), New York City, for Palisades Interstate Park Commission, amicus curiae.

Before MAHONEY, P.J., and WEISS, MIKOLL, YESAWICH and LEVINE, JJ.

LEVINE, Justice.

In this proceeding, Supreme Court found legally insufficient under the State Environmental Quality Review Act (ECL art. 8) (hereinafter SEQRA) and the implementing regulations of the Department of Environmental Conservation (hereinafter DEC) (6 NYCRR part 617) a determination by respondent, the Department of Transportation (hereinafter DOT), that certain proposed capital improvements to be made at Stewart International Airport in Orange County would have no significant effect on the environment (hereinafter referred to as the negative declaration). Stewart Airport had been a major United States Air Force air-defense base until 1969, when it was declared surplus and acquired by the Metropolitan Transit Authority (hereinafter MTA) on behalf of the State. In 1971 legislation was passed authorizing MTA's construction, expansion, rehabilitation and operation of Stewart, including the power to acquire real property for those purposes (L.1971, ch. 472, § 1). At that time, it was anticipated that Stewart Airport would eventually become the fourth major airport serving the New York City metropolitan area. Consistent with that goal, 8,000 acres of adjoining land were acquired by eminent domain, to serve primarily as a noise buffer area (hereinafter the buffer area), which could also accommodate airport-compatible development. Six thousand acres of the buffer area are now devoted to a wildlife habitat for hunting, fishing and other outdoor activities. This property is managed by DEC under an agreement with DOT.

A master plan for Stewart Airport was also formulated in 1971, envisaging its development as a major passenger and cargo airport. The plan included proposals for substantial extension of the main runway, a new parallel runway and a new passenger terminal. The runway extension was seen as necessary to attract regularly scheduled airline passenger service. Subsequent to 1971, it was determined that Stewart would more appropriately be used as a major regional airport serving the mid-Hudson Valley. This still required extension of the main runway and a concrete proposal to that end was formulated. The project was reviewed in 1977 for its environmental effects pursuant to the Federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (hereinafter NEPA). Hearings were held and an extensive environmental impact statement (hereinafter the 1977 EIS) was prepared by the Federal Aviation Administration (hereinafter FAA) and the MTA. The runway extension was completed in 1980.

In 1982, jurisdiction over Stewart Airport was transferred to DOT (L.1982, ch. 370, § 5). An updated master plan for Stewart was prepared in 1984, incorporating the concept of Stewart as a regional air carrier airport. Various projects were proposed consistent with that plan, including development of the northwest corner of the airport for an industrial park, a major United States Postal Service facility and a large cargo facility with airside ramp and aircraft parking spaces. These actions were made the subject of environmental review including preparation of an EIS. The constructions for these projects are now in various stages of partial completion. Additionally, in 1985, the New York Air National Guard proposed the construction of a permanent facility to house 12 jumbo Lockheed C-5A planes and other military aircraft. The environmental effect of this base facility and its operations was assessed pursuant to NEPA and a negative declaration was issued.

The action at issue here was described by DOT in its full environment assessment form (hereinafter EA), as "[s]ite improvements required for scheduled air service at Stewart International Airport", consisting of (1) rehabilitation of the existing passenger terminal, (2) expansion of that terminal by some 4,000 square feet to provide a baggage handling area, (3) construction of a circulation road near the terminal and improvement of the airport's main access road, and (4) construction of a 1,292-unit parking lot. As lead agency, DOT retained a consulting firm to study the environmental effects of the project and then adopted the firm's environmental assessment and vehicular traffic and automotive emissions study as its EA. Based thereon, DOT issued a negative declaration of environmental significance.

Petitioners then brought this proceeding under CPLR article 78 to challenge the determination of DOT "in approving the expansion and rehabilitation of the airport terminal and related facilities to support increased airline passenger service at the Stewart International Airport", alleging that DOT's negative declaration violated SEQRA and its regulations. The petition essentially alleges three defects in DOT's negative declaration: (1) its inadequacy as being wholly conclusory, (2) its failure to consider the cumulative environmental effects of DOT's plans for airport-compatible commercial and industrial development in the buffer area, and (3) its omission of consideration of the environmental effects of additional air traffic at Stewart which the proposed capital improvements are intended to serve.

Supreme Court ruled in favor of petitioners. The court held that the proposed actions covered by the negative declaration are "part of an overall plan by [DOT] to permit regular airline passenger service at Stewart International Airport and the cumulative effect of such overall plan should have been considered". The court also held that the negative declaration was conclusory and without sufficient factual support to overcome the presumption that, as a Type I action under the regulations, an EIS was required. The court annulled the negative declaration, enjoined further construction on the project pending further SEQRA review and remitted the matter to DOT with direction to consider the cumulative effects of the proposed action and any other actions "which are included in any long range comprehensive plan of which the actions under consideration are a part". This appeal by DOT ensued.

There should be a reversal. First, we disagree with Supreme Court's conclusion that the negative declaration is conclusory and lacks sufficient factual support to show that DOT identified all relevant areas of environmental concern, took a "hard look" at those areas and made a reasoned elaboration of the bases for its findings of no significant environmental effect (see, Chinese Staff & Workers Assn. v. City of New York, 68 N.Y.2d 359, 363-364, 509 N.Y.S.2d 499, 502 N.E.2d 176; Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 417, 503 N.Y.S.2d 298, 494 N.E.2d 429). The negative declaration expressly incorporates by reference the EA and annexed traffic and automotive emissions study prepared by DOT's consultants. These documents, in our view, identify the areas of environmental concern in connection with this limited project of expanding the passenger terminal, improving passenger access to it and adding parking in the terminal area. Notably, these documents reveal that, after restudy, the introduction of scheduled airline passenger service would not affect noise, air pollution and vehicular traffic levels more now than had been anticipated in the prior environmental studies. A lead agency such as DOT here may rely upon the advice it receives from others, including consultants, if reliance is reasonable (Matter of Jackson v. New York State Urban Dev. Corp., supra, at 427, 503 N.Y.S.2d 298, 494 N.E.2d 429), and there is nothing in the record which would put in doubt the reliability of DOT's consultants in this case. Moreover, an EA and comprehensive engineering report may demonstrate the sufficiency of a lead agency's examination, analysis and conclusion regarding the environmental effect of a proposed action (Matter of Soule v. Town of Colonie, 95 A.D.2d 979, 981, 464 N.Y.S.2d 576). Concededly, the project is a Type I action under the DEC SEQRA regulations (6 NYCRR 617.12[b][6]. However, the project was actually processed under DOT's SEQRA regulations in the same manner as a Type I action (see, 17 NYCRR 15.1[c][2]. As we have already concluded, DOT's negative declaration had a rational basis as to the specific actions referred to therein. It was, thus, sufficient to overcome any presumption favoring the need for an EIS in a Type I action (Matter of Jaffee v. RCI Corp., 119 A.D.2d 854, 855, 500 N.Y.S.2d 427, lv. denied 68 N.Y.2d 607, 506 N.Y.S.2d 1032, 498 N.E.2d 434).

We are likewise in disagreement with Supreme Court's ruling that DOT was obligated to consider the overall cumulative effect of its plan to introduce regular airline service at Stewart Airport merely because the capital improvements involved here facilitate such service. Indisputably, the use of Stewart Airport for regularly scheduled airline passenger service has been contemplated and reviewed for its environmental effects since 1972. The 1977 EIS for the extension of the airport runway and other improvements,...