Development And Land Use
Recent Endangered Species Act Rule Deletes Regulatory Definitions of “Harm”
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; together, the Services) recently rescinded without replacement the definitions of “harm” in regulations pertaining to the Endangered Species Act (ESA). The final rule (Rule) became effective September 14, 2026. Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits the…
Federal Agencies Announce Supplemental Proposed “Waters of the United States” Rule
On September 9, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers published a Supplemental Notice of Proposed Rulemaking (SNPRM) seeking comment on proposed additional revisions to the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). This SNPRM builds on the agencies’ November 2025 Notice of…
D.C. Circuit Upholds EPA Rule Designating PFOA and PFOS as CERCLA Hazardous Substances
On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s 2024 rule designating two widely used per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA issued the final rule in April 2024, which…
DEC Releases Guidance on Freshwater Wetlands Following Annulment
The New York State Department of Environmental Conservation (DEC) has released guidance clarifying its implementation of Article 24 of the Environmental Conservation Law, known as the Freshwater Wetlands Act (FWA), following the Albany County Supreme Court’s annulment of DEC’s 6 NYCRR Part 664 regulations. On April 8, 2026, Judge Richard M. Platkin of the New…
New York City Proposes Regulations To Lower Lead-Contaminated Dust Thresholds
On July 1, 2026, the New York City Department of Health and Mental Hygiene (DOHMH) will hold a virtual public hearing on its proposed regulations to lower the thresholds for lead-contaminated dust, following revisions to the federal thresholds by the U.S. Environmental Protection Agency (USEPA) that became effective in January 2026. DOHMH’s lead dust standards…
New York Enacts Substantial Reforms to SEQRA
On May 27, 2026, New York Governor Kathy Hochul signed into law significant amendments to the State Environmental Quality Review Act (SEQRA) as part of the Fiscal Year 2027 budget. The amendments — the most sweeping in decades — exempt certain categories of housing and infrastructure projects from SEQRA review, while also imposing new deadlines…
NY Court Annuls DEC Freshwater Wetlands Regulations
On April 8, 2026, Judge Richard M. Platkin of the New York State Supreme Court, Albany County, entirely annulled the New York State Department of Environmental Conservation’s (DEC’s) revised Part 664 freshwater wetlands regulations for noncompliance with the State Environmental Quality Review Act (SEQRA). The revised regulations went into effect in January 2025, and their…
Army Corps Reissues and Modifies Nationwide Permits, Adding One New Permit
March 15, 2026 marked the start of a new five-year cycle for the U.S. Army Corps of Engineers’ Nationwide Permits (NWPs). Pursuant to a final rule published on January 8, 2026, the Corps has reissued and modified 56 existing NWPs and created one new NWP. This blog post highlights key changes in the 2026 NWPs,…
SEQRA Reform Remains Under Deliberation in the FY27 New York State Budget
Although the New York State Fiscal Year 2027 (FY27) budget was due on April 1, 2026, the government is continuing to evaluate numerous components, including potential reforms to the State Environmental Quality Review Act (SEQRA) intended to fast-track environmental review for housing development. Governor Hochul’s Executive Budget and the Senate’s budget bill reflect different visions…
Recent Developments in U.S. Offshore Wind
On February 2, 2026, Sunrise Wind became the fifth and final U.S. offshore wind project affected by the Department of the Interior’s (DOI’s) December 22 leasing pause to secure a federal court order allowing construction to resume. All five court orders – which have been issued in the last four weeks – included preliminary injunctions…