Location: New York Statewide | Status: Active
Summary: Save the Sound has filed an amicus brief (or “friend of the court” brief) in four lawsuits brought by development interests in Albany Supreme Court challenging the Department of Environmental Conservation’s (DEC) new freshwater wetlands regulations. The amicus brief, filed with partners, defends the regulations, arguing that they are supported by scientific evidence and the documentation, public input provided to DEC during public participation processes, and the New York State Freshwater Wetlands Act. The amicus brief highlights in particular the importance of regulating especially vulnerable and ecologically significant freshwater wetlands such as vernal pools and urban wetlands.
In 2022, Save the Sound, along with partner organizations, successfully advocated for amendments to the New York State Freshwater Wetlands Act which, when fully implemented, are expected to give permitting protection to over 1 million additional acres of wetlands across the state. Among other things, the amendments substantially increased the number of protected wetlands by lowering the threshold regulated wetland size from 12.4 acres to 7.4 acres, or even smaller if the wetland is categorized as a “wetland of unusual importance.” DEC developed regulations to implement these amendments, which took effect on January 1, 2025.
In April 2025, development interest groups filed four lawsuits challenging the regulations. Broadly, the lawsuits seek to annul the 2022 statutory amendments and 2025 regulations and prevent the Department from implementing the new wetlands regulations. The petitioners claim the new regulations will negatively impact residential, commercial, and industrial investment and development and will restrict the rights of landowners. Two of the lawsuits focus specifically on impacts to property owners in the vicinity of Chautauqua Lake in western New York. The filed petitions also include arguments that the regulatory amendments violate the State Environmental Quality Review Act (SEQRA), the State Administrative Procedure Act (SAPA), and constitutional due process protections.
In July 2025 Save the Sound filed an amicus brief in the challenge to the new regulations arguing (1) DEC’s regulation of vernal pools and urban wetlands as “Wetlands of Unusual Importance” and the regulation of areas adjacent to wetlands is supported by scientific evidence and the record assembled by DEC as it finalized the regulations and is necessary to protect these vulnerable and ecologically significant habitats; (2) the regulation of Chautauqua Lake as a freshwater wetland has been supported by the Freshwater Wetlands Act since before the 2022 amendments; and (3) the regulations are not unconstitutionally vague. The brief also highlighted the importance of New York strengthening its wetland protection programs to fill the void left by the federal government, reducing its own regulation and oversight of these important resources.
Next Step: The lawsuits are pending before the Albany Supreme Court. We expect oral argument to be scheduled in the next few months.
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Page last updated: December 11, 2024