New York Environmental Law
NYSDEC Proposes Expanded Green and Sustainable Remediation Policy, Adds New Hurdles to Renewable Energy Development on Remediation Sites
On October 15, 2025, the New York State Department of Environmental Conservation (DEC) Division of Environmental Remediation (DER) proposed revisions to DER-31, a policy guidance document that outlines the requirements and procedures for Green and Sustainable Remediation under all DER remedial programs. The purpose of Green and Sustainable Remediation (GSR) is to “consider all environmental…
Round Up of New York Climate Litigation in 2025
As we approach the close of 2025, one key takeaway is that this year has been an especially active one for climate litigation in New York. On October 24, 2025, the New York Supreme Court granted the petition in Citizen Action of New York et al. v. New York State Dept. of Environmental Conservation (No….
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….
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…
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…
NYSDEC Proposes Updates to Commissioner’s Policy 51 – Soil Cleanup Guidance
For the first time in over a decade, NYSDEC proposes to update Commissioner’s Policy 51 (CP-51), which sets forth the soil cleanup levels for the NYSDEC Division of Environmental Remediation’s remedial programs, including the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Brownfield Cleanup Program (BCP), Voluntary Cleanup Program (VCP), Environmental Restoration Program…