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.

Lawsuit to compel the New York State Department of Environmental Conservation to issue regulations to implement the Climate Leadership and Community Protection Act’s greenhouse gas reduction requirements.

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

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New York Court Ordered DEC to Promulgate Regulations Implementing Climate Law’s Emissions Reduction Mandates

Filed

United States of America

New York

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt human health, healthcare systems and well-being to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

This sector involves the distribution, treatment, and conservation of water resources.

New York Court Ordered DEC to Promulgate Regulations Implementing Climate Law’s Emissions Reduction Mandates

Target

Greenhouse gas

Economic sector

Adaptation/resilience