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POSTED BY: terresa bakner and jordyn conwayLandowners in New York State should be aware that the State has moved to expand the freshwater wetlands that the State regulates. In 2022 the State Legislature and the Governor adopted amendments to the law and the NYSDEC has just proposed regulations to implement the law. The public comment period is open on the proposed regulations which NYSDEC has said will regulate an additional one million acres of wetlands in the State. What may have previously [...]

Posted By: Terresa Bakner, Charles Gottlieb and Jordyn ConwayIntroduction:On May 25, 2023, the Supreme Court of the United States (SCOTUS) released an opinion, in Sackett v. EPA, seeking to clarify the definition of “Water of the United States” (WOTUS) for the purposes of federal regulation. [1] The decision, written by Justice Alito, confronts years of uncertainty and confusion regarding the “significant nexus” test that has been relied on by the Biden, Trump, and [...]

STATE ISSUESThe Governor of the State of NY has addressed State regulated wetlands in his budget bill proposing to do away with the regulatory freshwater wetlands maps and merely have them in place for educational purposes. This means that like the Army Corps, the State DEC staff will be able to go out in the field and identify areas as wetlands even if they do not show up on a map. Moreover, although to a degree the DEC staff have already begun doing this when reviewing how State mapped [...]