Lead Agency Dispute: Suffolk County v. DEC
New York State Department of Environmental Conservation
Commissioner's Determination of Lead Agency
under Article 8 of the
Environmental Conservation Law
PROJECT: Skylift International, Inc. Westhampton, Suffolk County, New York
1. Pursuant to the provisions of 6 NYCRR Part 617.7(e), when agencies involved in carrying out or approving an action that is subject to Article 8 of the Environmental Conservation Law ("SEQR") are unable to agree on which agency shall be the lead agency, any involved agency may submit the question to the Commissioner of Environmental Conservation, who shall, within 12 business days, designate a lead agency on the basis of the criteria contained in 6 NYCRR Part 617.6(d).
2. On December 19, 1978, I received a statement of justification for lead agency status from the Region l staff of the Department. On December 22, 1978, I received a statement of justification for lead agency status from the County Attorney on behalf of Suffolk County.
3. Based upon a careful consideration of the facts in this case, comments received and the criteria for lead agency contained in 6 NYCRR Part 617.6(d), I hereby designate the New York State Department of Environmental Conservation as lead agency for purposes of SEQR in connection with the project for the following reasons:
- a. Some important anticipated impacts of the action, particularly the economic impacts, are of statewide rather than local significance.
- b. Although both agencies are capable of providing an adequate environmental assessment of the proposed project, DEC has broader powers for investigating the anticipated impacts of the proposed action.
Robert F. Flack Commissioner
Dated: Jan. 14, 1979
Albany, New York
Distribution of Copies:
- The Honorable Lou Howard
- Mr. John W. Crist
- Mr. Ray A. Vidal
- Mr. Robert Maslow
- Ms. Kathryn H. Boyd
- Mr. Stuart Tobin
- Mr. Steve Latham
- Mr. Howard Seitz
- Mr. Derick W. Betts and Mr. William A. Gill
- Mr. Martin Lang
- Mr. Kenneth Wilkens
- Mr. Lawrence Lader
- Mr. Michel Bouvier