The Society of Plastics Industry, Inc. v. County of Suffolk

In The Society of Plastics Industry, Inc. v. County of Suffolk, 77 N.Y.2d 761, the Court of Appeals, sets forth the bases for assertion of standing when challenging a municipal action based upon an alleged failure to follow the provisions of the State Environmental Quality Review Act ("SEQRA"). In that case, the Suffolk County Legislature adopted a ban on the use of non-biodegradable plastics by retail food packaging establishments. The trade organization representing the plastics industry challenged the action, inter alia, on the ground that the County Legislature failed to conduct an adequate environmental review prior to passage of the legislation. They alleged that the SEQRA review failed to consider and examine the potential adverse impact on groundwater, the cost of waste disposal, traffic, air and noise pollution, resulting from the increased use of paper food packaging substitutes. In concluding that the plaintiffs lacked standing to sue under SEQRA, the Court held that a party attacking legislation under SEQRA, must demonstrate that the alleged injury falls within "the zone of interests protected by the statute invoked". (The Society of Plastic Industry, Inc. v. County of Suffolk, 77 N.Y.2d 761,773.) The "zone of interests" test requires the proponent of standing demonstrate a tying of in-fact injury to the asserted government act challenged; and, in land use matters, such test demands that the plaintiff demonstrate that the proposal will cause direct injury that is somehow different from that suffered by the public at large. (Id at 773,774.) In a fairly sweeping statement, the Court of Appeals went on to state that the standing test invoked therein would apply "whether the challenge to governmental action is based on a SEQRA violation . . . . or other grounds". (Id at 774.)