Seymour v. County of Saratoga

Mercure, J. (dissenting).

I respectfully dissent. In my view, a fair reading of Resolution No. 86 of 1991 supports respondent’s contention that its adoption does not constitute an "action” which would trigger the need for an environmental impact statement (hereinafter EIS; see, ECL 8-0105 [4], [5]; 6 NYCRR 617.2 [b]; 617.3 [c] [1]). To the contrary, the resolution selects a preferred primary site for construction of a proposed County-wide landfill and, as such, constitutes mere preliminary planning which does not commit respondent to commence, engage in or approve the project (see, 6 NYCRR…