Court Strikes Down DEC’s Freshwater Wetlands Regulations On SEQRA Grounds

In a setback for New York’s effort to vastly expand the protection of its freshwater wetlands, the New York Supreme Court in Albany County issued a decision on April 8, 2026 that annulled the New York State Department of Environmental Conservation’s (“DEC”) 2024 freshwater wetlands regulations (6 NYCRR Part 664), holding that the agency failed to comply with the State Environmental Quality Review Act (“SEQRA”).

Background

In 2022, Governor Hochul signed into law a historic expansion of New York’s Freshwater Wetlands Act. Prior to the expansion, the Act only covered (1) freshwater wetlands of 12.4 acres or more or (2) wetlands of “unusual local importance.” This left many smaller wetlands unprotected by state law. More importantly, under the old regime a freshwater wetland would only be regulated and protected if it were officially “mapped”—a cumbersome process which entailed on-the-ground surveys and inventories, plus a notice-and-public-comment process. Maintaining a complete and