The Appellate Division, First Department affirmed the dismissal of proceedings challenging New York City’s Childhood Lead Poisoning Prevention Act.  The petitioners in Matter of Community Preservation Corp. v. Miller and Matter of Rent Stabilization Ass’n of N.Y. v. Miller challenged the Act under the State Environmental Quality Review Act, claiming the local ordinance will lead to a reduction in affordable housing and an increase in cases of lead poisoning.

The Court held that the petitioners did not have standing to challenge the Act because (1) the contended environmental harm was speculative; and (2) the injuries that petitioners purported would be shared by the public at large.