Recent Decision from New York State Supreme Court Brings State-Mandated Greenhouse Gas Emission Reduction Challenges Into Focus
In Citizens Action of New York et al. v. Department of Environmental Conservation, a state Supreme Court in Albany County, New York, granted the petitioner’s request for a mandatory injunction and directed the New York State Department of Environmental Conservation (DEC) to issue regulations under the Climate Leadership and Community Protection Act (CLCPA). The case was nominally about the discretion of a state agency to delay promulgation of rules when those rules are required by an act of the legislature. Of greater significance though is the nature of the required rulemaking and the arguments advanced by DEC to defend its position that the rulemaking is “infeasible.” The case highlights a growing problem in New York State with respect to the development of renewable energy sources and transmission capacity. These problems are particularly relevant to building owners in New York City faced with compliance obligations under Local Law 97 (LL97). In 2019, the New York State Legislature passed the CLCPA to address climate change and reduce the emissions of greenhouse gases (GHG). The CLCPA requires New York to achieve a 40 percent reduction in GHG emissions by 2030 and an 85 percent reduction by 2050, measured against the 1990 emissions levels. Crucial to reaching those reductions was the inclusion of specific goals for 6 gigawatts of...