Environmental Impact Review/Permitting
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…
Two Federal Cases Have Potential to Affect Implementation of NEPA
A recent decision by the D.C. Circuit and a case pending before the U.S. Supreme Court have the potential to significantly affect implementation of the National Environmental Policy Act (NEPA), which requires federal agencies to consider the environmental impacts of major actions. Marin Audubon Society v. Federal Aviation Administration On Tuesday, a three-judge panel of…
NEPA Phase II Final Rule Goes into Effect, Bringing Climate Change and Environmental Justice to the Forefront
On July 1, 2024, the Council on Environmental Quality’s (CEQ) final rule implementing the revised National Environmental Policy Act (NEPA) Phase II regulations came into effect. This rule represents the culmination of the Biden Administration’s efforts to update and revise the Trump Administration’s 2020 modifications to NEPA. The Phase II rulemaking aimed to rearticulate key…
NYSDEC Seeks Input on Regulations Implementing Major Expansion of State’s Freshwater Wetlands Jurisdiction
On January 3, 2024, NYSDEC announced an Advanced Notice of Proposed Rule Making for potential revisions to its freshwater wetlands regulations, accompanied by a complete pre-proposal draft of revised 6 NYCRR Part 664 regulations. NYSDEC is accepting public comments on its draft regulations through February 20, 2024. Background: 2022 Statutory Changes to the Freshwater Wetlands…
NYSDEC Publishes Proposed Guidance Incorporating Environmental Justice Considerations into Existing Permit Processes
On September 27, 2023, the New York State Department of Environmental Conservation (NYSDEC) published a draft policy aimed at implementing Section 7(3) of the Climate Leadership and Community Protection Act (CLCPA), which seeks to prevent disadvantaged communities from being disproportionately affected by greenhouse gas (GHG) or co-pollutant emissions. The draft policy lays out a procedure…
Biden Administration Proposes “Phase 2” Revisions to NEPA Regulations
On July 31, 2023, the Council on Environmental Quality (CEQ) published a Notice of Proposed Rulemaking (NPRM) for its second phase of revisions to the 2020 National Environmental Policy Act (NEPA) amendments. As a brief primer, NEPA imposes procedural requirements on all federal agencies to consider the effect of a project or action on the…