New York Environmental Law
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…
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…
NY Public Service Commission Adopts Interconnection Queue Management Framework in Light of New ITC Deadlines
With new deadlines imposed by the federal government on renewable energy projects’ eligibility for certain federal investment tax credits (ITC), the State of New York Public Service Commission (PSC) has adopted new rules requiring utilities to prioritize the interconnection of tax credit-eligible distributed energy resource projects in the State through management of interconnection queues and…
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….