Citizen Action of New York v. New York State Department of Environmental Conservation

A New York trial court ordered the New York State Department of Environmental Conservation (DEC) to promulgate regulations implementing the Climate Leadership and Community Protection Act (CLCPA). The court concluded that the CLCPA mandated that DEC issue regulations by January 1, 2024 to ensure compliance with the law’s emissions reductions mandates and that under “well-established principles” of New York law, DEC did not have discretion not to follow the legislative directive. The court therefore rejected DEC’s contentions that promulgation of regulations was “infeasible” because of the costs that DEC believes achievement of the CLCPA’s emissions targets would impose on consumers. The court directed DEC to promulgate the regulations by February 6, 2026, which the court said would allow the State Legislature an opportunity to amend the CLCPA when its next session commences in January 2026. The court cautioned that, “having afforded [DEC] with the time to both further develop its regulations and address its concerns to the political branches,” the court was “highly unlikely to grant extensions” of the deadline. The State has indicated that it would likely appeal, which would provide an automatic stay of the order.

A New York trial court ordered the New York State Department of Environmental Conservation (DEC) to promulgate regulations implementing the Climate Leadership and Community Protection Act (CLCPA). The court concluded that the CLCPA mandated that DEC issue regulations by January 1, 2024 to ensure compliance with the law’s emissions reductions mandates and that under “well-established principles” of New York law, DEC did not have discretion not to follow the legislative directive. The court therefore rejected DEC’s contentions that promulgation of regulations was “infeasible” because of the costs that DEC believes achievement of the CLCPA’s emissions targets would impose on consumers. The court directed DEC to promulgate the regulations by February 6, 2026, which the court said would allow the State Legislature an opportunity to amend the CLCPA when its next session commences in January 2026. The court cautioned that, “having afforded [DEC] with the time to both further develop its regulations and address its concerns to the political branches,” the court was “highly unlikely to grant extensions” of the deadline. The State has indicated that it would likely appeal, which would provide an automatic stay of the order.

Four organizations filed a lawsuit in New York Supreme Court requesting that the court order the New York State Department of Environmental Conservation (DEC) to issue draft regulations to implement the Climate Leadership and Community Protection Act’s (CLCPA’s) greenhouse gas reduction requirements. The petitioners alleged that CLCPA mandated that DEC promulgate such regulations by January 1, 2024. The petitioners alleged that DEC staff had repeatedly assured the public that DEC and the New York State Energy Research and Development Authority would issue draft regulations in 2024 but that the State “inexplicably reversed course” in January 2025 and “abruptly halted its plan to release regulations that are the linchpin of the climate law and has provided no plan or timeline for their release.” They asserted that the failure to issue the regulations violated the CLCPA and the New York State Constitution’s guarantee of a ”right to clean air and water, and a healthful environment.”