Permitting
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…
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…
Trump Administration Rescinds CEQ’s NEPA Regulations and Issues Guidance to Agencies
On February 25, 2025, the White House Council on Environmental Quality (CEQ) published in the Federal Register an interim final rule proposing to rescind its regulations implementing the National Environmental Policy Act (NEPA), a 1969 statute that requires all federal agencies to consider the environmental effects of their projects or actions. A week earlier, CEQ…
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…