NFIB has joined with other business organizations to challenge the New York Department of Environmental Conservation’s (DEC) new freshwater wetlands regulations. This lawsuit, filed in the Supreme Court of the State of New York, claims that these regulations significantly increase the areas classified as regulated wetlands, creating significant challenges for property owners, developers, and small businesses in the state.
Ashley Ranslow, NFIB’s New York State Director, expressed concern about the unclear nature of the mandate and its implications. “This mandate is as ambiguous as it is unlawful,” stated Ranslow. She added that the rules allegedly allow the DEC to claim authority over numerous land parcels without adequately identifying which lands are impacted, placing the responsibility on the owners and businesses to determine their status at their expense. “The DEC’s failure to properly follow administrative rulemaking requirements is evident in their lack of recognition for the negative impact this statute will have on New York’s small businesses, property owners, and local communities,” Ranslow said.
The lawsuit asserts that the new regulations violate the law on several fronts, including: failing to provide necessary materials under the State Administrative Procedure Act (SAPA), extending regulated areas arbitrarily, and implementing an unconstitutionally vague statute that includes criminal penalties.
NFIB’s partners in this litigation include The Business Council of New York State, the New York State Economic Development Council, the New York State Builders Association, the New York Construction Materials Association, Associated General Contractors of New York State, the New York State Association of Realtors, the National Waste & Recycling Association, and several small business developers, including Seth Arluck of New Hampton Lumber.
The NFIB Small Business Legal Center is actively involved in safeguarding the rights of small business owners through participation in over 40 cases in federal and state courts, including the U.S. Supreme Court.
