Last year, the National Federation of Independent Business (NFIB) joined a coalition of business organizations to file a lawsuit against the New York State Department of Environmental Conservation (DEC). The lawsuit challenged new regulations on freshwater wetlands established by the DEC. These regulations significantly increased the number of wetlands subject to oversight in the state, affecting small businesses, property owners, and local communities.

The lawsuit argued that the DEC should be prohibited from enforcing the wetland regulations because it failed to provide the necessary documentation required by the State Administrative Procedure Act (SAPA). Additionally, the suit claimed that expanding regulated areas is arbitrary and unpredictable, and a vague statute should not impose criminal penalties.

The DEC now has thirty days to decide whether to appeal the ruling. This outcome is a significant victory for Main Street, as the new wetlands regulatory framework is no longer in effect. NFIB will remain actively involved to ensure that any future regulations are clear, workable, and include a balanced assessment of economic impacts.