New York Environmental Law
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 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…
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…