Posts marked "Wetlands"

On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule” … Read Post


On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters … Read Post


Authors: Heewon Kim and Joyce Kung   New York State: Proposed Guidance Emphasizes Development of Living Shorelines On December 28, 2016, the New York State Department of Environmental Conservation (“DEC”) released a draft guidance document highlighting the use of natural and nature-based features in shoreline stabilization, also known as “living shorelines.”  The guidance promotes a … Read Post


The New York State Department of Environmental Conservation (“DEC”) recently issued a revised proposed regulation projecting sea-level rise for three geographic regions of the state:  Long Island, New York City/Lower Hudson, and Mid-Hudson.  This action implements the Community Risk and Resiliency Act (“CRRA”), a statute enacted in 2014 that requires consideration of climate change impacts … Read Post


On May 27, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“ACOE”) jointly released a final rule designed to clarify the definition of “waters of the United States” subject to EPA and ACOE jurisdiction under the Clean Water Act. This rule, dubbed the “Clean Water Rule,” was finalized after the … Read Post


“How do we create the best possible waterfront?”  The Metropolitan Waterfront Alliance proposes an answer to that longstanding question in its Waterfront Edge Design Guidelines, or “WEDG.”   Released in January 2015, WEDG promotes design concepts for creating waterfronts that are publicly accessible, sustainable, resilient, and ecologically sound.  In addition to presenting guiding principles and best … Read Post


The New York State Department of Environmental Conservation (“DEC”) has proposed a draft general permit for bulkhead repairs on parts of the south shore of Long Island. Where: General Permit No. GP-1-13-001 (the “General Permit”) would be available for use on the south shore of Long Island west of the Robert Moses Causeway to the … Read Post


The New York State Department of Environmental Conservation (“NYSDEC”) has issued a Draft General Permit for Freshwater Wetland Adjacent Areas (“Draft Permit”) authorizing construction activities in adjacent areas that previously required an individual permit.  Authorizing these activities under a general permit rather than through the individual permitting process will benefit applicants by significantly expediting the … Read Post


Governor Cuomo has signed into law new legislation designed to protect New York State’s seagrass beds.  The law requires the Department of Environmental Conservation (“DEC”) to designate seagrass management areas and to regulate marine and coastal activities that threaten those areas, although it is uncertain whether the Seagrass Protection Act will result in requirements for … Read Post


On May 20, Mayor Bloomberg announced a new wetlands strategy for New York City, building on the PlaNYC’s goals of improving water quality, increasing opportunities for recreation along waterways and waterfronts, and restoring natural environments along coastal areas. The New York City Wetlands Strategy (“Wetlands Strategy”) had originally contemplated creating a local ordinance and establishing … Read Post