But the Army Corps doesn’t want the site’s wetlands to be touched until a buyer is found.
The theory for federal control and the need for federal permission to develop the site is that the "wetlands" on the site are somehow connected to the navigible waters of the United States. But the federal government has really been pushing the envelope on this to the point where people cannot even develop their own homesites because a drainage ditch runs across their premises.
First, whatever is done to the Marcy site, there is no impact on interstate commerce whatsoever -- meaning that the federal government has no jurisdiction.
Second, there are no "waters of the United States" that could be potentially affected. Unlike non-colonial states that were carved out of federal territory which would have federal waters, New York State was an original colony. It was sovereign after Independence was declared. The waters belong to the state and not the federal government.
No one wants to challenge federal jurisdiction because of the potential loss of federal funds -- the strings holding our puppets. But this needs to be done, otherwise more and more decisions are going to be made by a far off bureaucracy that is unresponsive to local needs . . . unresponsive like King George was unresponsive to the colonies.