Freshwater Wetlands Act Regulations Are Delayed, Not Dead |
The more time one gets to look at the judge’s decision in local lawsuits challenging the state’s Freshwater Wetlands Act regulations, the more it is clear that the regulations are likely merely delayed, not dead.
Judge Richard Platkin’s ruling last week in state Supreme Court in Albany didn’t strike at the heart of issues the local challenges to the regulations raised. Platkin found that the Freshwater Wetlands Act changes and the Part 664 regulations don’t violate landowners’ due process rights, that the challenges didn’t prove that the 2022 amendments and Part 664 amendments are unconstitutionally vague and that there is no........