WASHINGTON, D.C.

WASHINGTON, D.C. (May 1, 2025) – NFIB joined a coalition of business organizations in filing a lawsuit at the Supreme Court of the State of New York challenging the New York Department of Environmental Conservation’s (DEC) new freshwater wetlands regulations, which drastically increase the number of regulated wetlands in the state and place an undue burden on property owners, developers, and small businesses throughout New York.

“This mandate is as ambiguous as it is unlawful,” said Ashley Ranslow, NFIB’s New York State Director. “The DEC’s rule claims authority over an indefinite amount of land while simultaneously dodging the responsibility of identifying what land will qualify. Instead, that burden is shifted onto the state’s property owners and small businesses who must initiate a costly, onerous process themselves, or risk severe penalties. 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.”

The lawsuit argues that the DEC should be enjoined from enforcement of the Wetland Regulations because 1) They failed to provide the required materials in accordance with the State Administrative Procedure Act (SAPA), 2) The rule’s extension of regulated areas is arbitrary and capricious, and 3) It is unlawful for an unconstitutionally vague statute to provide for criminal penalties.

NFIB filed this litigation in partnership with 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 NFIB member and small business owner Seth Arluck of New Hampton Lumber.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.