NFIB Joins Coalition in Lawsuit Against NY Wetlands Regulations

News Summary

The National Federation of Independent Business has teamed up with various industry groups to challenge the New York Department of Environmental Conservation’s expanded freshwater wetlands regulations. The coalition argues that the regulations impose excessive burdens on small businesses and property owners, potentially affecting one million acres of land. The lawsuit, set to be heard in August, raises concerns over legality, clarity, and the impact on property rights.

Albany, NY – The National Federation of Independent Business (NFIB) has announced that it has joined a coalition of business organizations in filing a lawsuit against the New York Department of Environmental Conservation (DEC) over newly expanded freshwater wetlands regulations. The lawsuit, set to be heard in the Supreme Court of the State of New York, challenges the significant increase in the number of wetlands now regulated across the state.

The coalition, which includes prominent groups such as the Business Council of New York State, the New York State Economic Development Council, and the New York State Builders Association, collectively argues that the new regulations place an undue burden on property owners, developers, and small businesses statewide. The regulations are said to cover an estimated one million acres of land, potentially leading to restrictions on common activities like building, installing septic systems, and applying herbicides and fertilizers.

NFIB’s New York State Director has expressed concerns over the ambiguity and legality of the mandate, stating that the DEC claims authority over a vast and unspecified amount of land without providing proper clarity on which lands qualify as regulated wetlands. This uncertainty, the coalition asserts, could impose significant costs on property owners and small businesses as they navigate what they describe as a complex and onerous approval process.

The legal challenge outlines several key arguments against the DEC’s actions, including:

• The DEC did not provide required materials as stipulated by the State Administrative Procedure Act (SAPA).
• The expansion of the regulated areas is deemed arbitrary and capricious.
• The statute is criticized as unconstitutionally vague regarding the criminal penalties associated with violations.

In addition to NFIB, the coalition behind the lawsuit features a mix of industry representatives, including the New York Construction Materials Association, the Associated General Contractors of New York State, and the National Waste & Recycling Association. The push against the DEC’s regulations also receives support from local stakeholders, including property owners around Chautauqua Lake, who have engaged in their own litigation to challenge the regulations on the grounds that they infringe on property rights.

The Chautauqua Lake Property Owners Association contends that the DEC’s regulations were improperly enacted and threaten the rights of landowners in that region. Concerns have also been raised by groups such as the Chautauqua Lake Partnership, who argue that the new regulations could hinder development prospects and negatively impact property values. Conversely, the Chautauqua Lake Association has shown willingness to adapt to the changing regulations.

In the political arena, State Senator George Borrello has proposed a potential exemption from the new regulations specifically for inland lakes, aimed at easing the regulatory burden on local communities. Despite the controversy surrounding the regulations and lawsuit, the DEC has yet to publicly comment on the ongoing litigation.

Initial arguments from both sides of the case are due by July 11 and August 15, with a court proceeding scheduled for August 22 in Albany. The NFIB is known for its proactive stance in advocating for small business interests, currently partaking in over 40 legal cases across federal and state courts in the United States.

As the lawsuit unfolds, many stakeholders are closely monitoring the situation, anticipating the implications these wetlands regulations could have on property rights and the economic landscape of New York State.

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Additional Resources

• Times Union
• Wikipedia: Wetland
• NFIB
• Google Search: New York wetlands regulations
• WGRZ
• Encyclopedia Britannica: Environmental Regulation
• Spectrum News
• Google News: New York wetland lawsuit