PFAS Legal and Regulatory Updates

The regulation of per- and polyfluoroalkyl substances (PFAS) has continued to evolve at the federal and state levels in recent months under the Trump administration. EPA announced in April 2025 a bundle of planned actions to combat PFAS contamination, although the agency’s proposed actions since that announcement would actually roll back some Biden-era PFAS regulations…

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Legal Challenges to NYSDEC’s New Freshwater Wetlands Regulations – Four Lawsuits to Watch

At least four separate lawsuits were filed in April 2025 challenging the legality of New York’s Freshwater Wetlands Act and its recently amended implementing regulations. Broadly, the lawsuits seek to annul the 2022 statutory amendments and 2025 regulations and enjoin the New York State Department of Environmental Conservation (NYSDEC) from implementing the new wetlands regulations.…

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NYSDEC Proposes Several New Freshwater Wetlands General Permits

On February 5, 2025, the New York State Department of Environmental Conservation proposed to issue five new statewide general permits and to modify three existing general permits previously issued under the Freshwater Wetlands Act. The five newly proposed general permits include: Community-Scale Solar Energy Installations (GP-0-25-004) Electric Utility Right of Way (ROW) Maintenance and Repair…

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NYSDEC Issues Proposed Regulations and Forms to Implement Environmental Justice Siting Law and Add Type II Categories

On January 29, 2025, the New York State Department of Environmental Conservation (NYSDEC) announced the release of Draft Amendments to the State Environmental Quality Review Act (SEQRA) regulations, codified at 6 NYCRR Part 617, as well as accompanying proposed revisions to NYSDEC’s Short and Full Environmental Assessment Forms (EAFs).  These proposed amendments incorporate provisions of…

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NYSDEC Issues Final Revised Freshwater Wetlands Regulations

On December 31, 2024, NYSDEC announced the adoption of final revisions to its freshwater wetlands regulations, 6 NYCRR Part 664. The revised regulations took effect on January 1, 2025. These regulations implement amendments that the New York State Legislature enacted in 2022 to Article 24 of the Environmental Conservation Law (ECL)—the State’s Freshwater Wetlands Act…

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