
Alita Guida
Alita J. Giuda is a Partner at Couch White LLP in Albany, NY and Chair of the firm's Environmental Practice Group, specializing in environmental, land use, and permitting law.
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Sep 2, 2026
Before You Build: Navigating New York's Changing Wetlands Requirements
16:54
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26:10

Paul BoyceHOST
Albany County Supreme Court annulled the Department of... environmental conservation's procedural part, what's that, 664, those rules, and what arguments did builders, small businesses, and municipalities use to secure that ruling?

Alita GuidaGUEST
So When regulations are enacted and the law went into effect on the same day as the regulations, there is four months to sue those regulations.

Alita GuidaGUEST
So in April of 2025, I brought one lawsuit and there were three other lawsuits filed on the same, around the same time, right towards the end of that to say these regulations are terrible.

Alita GuidaGUEST
And so When we filed, there was a briefing schedule put into place so that the Attorney General who represents DEC could respond.

Alita GuidaGUEST
One of them in three, I believe three of the four cases, was the State Environmental Quality Review Act that DEC, The law itself and DEC had been saying this new measure will protect at least 1 million acres of new wetland area.
8 MINS LATER

Paul BoyceHOST
What survives the annulment? How did the court distinguish between striking down the procedural regulations and upholding the underlying 2022 legislative amendments? And what does that mean for the current regulatory landscape?