Litigation brought by the Business Council of New York State, Associated General Contractors of New York State (AGC NYS), the New York State Economic Development Council, the New York State Builders Association, the New York Construction Materials Association, the New York State Association of Realtors, the National Federation of Independent Business (NFIB), the National Waste & Recycling Association and other industry partners, has secured a significant court decision annulling New York’s expanded freshwater wetlands regulations.

What Happened

On April 8, 2026, the New York State Supreme Court (Albany County) invalidated the Department of Environmental Conservation’s (DEC) new wetlands regulations (6 NYCRR Part 664) in their entirety.

Acting Supreme Court Justice Richard Platkin ruled that DEC failed to comply with the State Environmental Quality Review Act (SEQRA) in adopting the regulations, finding that the agency:

• Did not take the required “hard look” at potential impacts
• Failed to identify or analyze adverse impacts
• Did not provide a reasoned explanation for its conclusions

As a result, the regulations are null and void. 

A copy of the decision is available at this link.

What This Means for Members (absent an appeal by the State, which would stay this ruling)

• The new wetlands regulatory framework is no longer in effect
• DEC cannot enforce Part 664 as adopted in 2024
• The State must restart the regulatory process and comply with SEQRA

Importantly:

• The court did not strike down the 2022 statutory changes to the wetlands law
• This decision is based on process failures, not the underlying policy

This ruling is a major and necessary reset. The court confirmed what we and our partners argued:

DEC attempted to implement sweeping regulatory changes affecting millions of acres without properly analyzing the real-world impacts on construction, housing, infrastructure delivery and economic development.

What Comes Next

• The possibility that the state appeals the Supreme Court ruling, which would stay this court’s decision, and possible additional litigation.

We will remain fully engaged to ensure that any future regulations are clear, workable, and grounded in a balanced assessment of environmental and economic impacts.

This decision halts an unworkable regulatory rollout and ensures that future wetlands regulations must be developed transparently, lawfully and with full consideration of industry impacts.