May a lead agency recover legal costs as part of their SEQR fees?
SEQR fees are intended to cover costs of scoping plus preparation or review of an EIS by the lead agency, including preparation of responses to questions and issues raised by others regarding the draft EIS. Most allowable review costs by a lead agency are likely to be incurred for technical reviews by engineering, planning and environmental consultants, but if a specific legal interpretation is needed to support discussion of some issues within the EIS (e.g. the legal status of land for an alternative development site), this legal expense could be allowed as part of a SEQR fee. SEQR fees, however, are not intended to cover a lead agency’s legal defense of challenges to its acceptance of an EIS, or to its conduct of the SEQR process. 12. Can a lead agency apportion the cost of preparing and reviewing an EIS with multiple project sponsors? Yes. When a lead agency has prepared a generic EIS, typically to address the cumulative impacts of several projects within a common geographic area, t
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