Posts marked "Endangered Species"

In a December 1, 2011 decision, the Supreme Court, Albany County, dismissed on procedural grounds two lawsuits challenging newly promulgated regulations by the New York State Department of Environmental Conservation (DEC) governing permits for projects that may affect species listed as endangered or threatened under State law (6 NYCRR Part 182).  Among other things, the … Read Post


On November 3, 2010, the New York State Department of Environmental Conservation (“DEC”) adopted revisions to the State Endangered Species Act (“ESA”) Regulations, 6 N.Y.C.R.R. Part 182. As discussed previously on this blog, the revised regulations are notable for their coverage of incidental take permits, which are required when there is a “taking” (which includes … Read Post


In a July 21 email to wildlife stakeholders, the New York State Department of Environmental Conservation (“DEC”) announced that draft revisions to the State Endangered Species Act (“ESA”) Regulations, 6 N.Y.C.R.R. Part 182, pursuant to Article 11 of the Environmental Conservation Law (“ECL”), were ready for public review and comment and would be published in … Read Post


In what appears to be a significant emerging trend, the New York State Department of Environmental Conservation (“DEC”) is beginning to exercise its long-dormant authority to regulate endangered and threatened species and their habitat.  This trend could have a significant impact on developments proposed in or near these species’ habitat. The DEC recently issued four … Read Post