A New York State Supreme Court judge annulled a package of wetland regulations enacted by New York’s Department of Environmental Conservation on Wednesday, finding that the agency did not properly adhere to the State Environmental Quality Review Act.
The ruling is a win for a coalition of business interests and other parties that sued over the rules, including the Chautauqua Lake Partnership and the Village of Kiryas Joel. Four lawsuits challenging the DEC’s rules were consolidated into a single decision.
“This decision and the reason why so many groups involved in development are challenging them should give the administration pause,” said Ken Pokalsky, vice president of The Business Council, lead plaintiff in one of the lawsuits.
The details: Judge Richard Platkin consolidated four lawsuits that made a variety of legal arguments against the wetland regulations, including challenging the constitutionality of the rulemaking and arguing that they violated the State Administrative Procedure Act.