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.…

Read More

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…

Read More

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…

Read More

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…

Read More

USEPA Extends Deadline for Installation of Variable Refrigerant Flow Systems Using Regulated Hydrofluorocarbons

On December 12, 2024, the U.S. Environmental Protection Agency (USEPA) published its final rule extending the time for certain new variable refrigerant flow (VRF) air conditioning and heat pump systems to comply with the hydrofluorocarbon (HFC) phasedown requirements of the American Innovation and Manufacturing Act of 2020 (AIM Act). HFCs are greenhouse gases with global…

Read More