The New York Appellate Division granted New York City defendants’ motion for leave to appeal to the Court of Appeals the Appellate Division’s decision reviving a preemption challenge to the City’s law setting limits on greenhouse gas emissions from existing large buildings (Local Law 97). The Appellate Division ruled in May 2024 that the City defendants failed to show that the New York State Climate Leadership and Community Protection Act did not preempt Local Law 97. The Appellate Division certified the question of whether its order denying the defendants’ motion to dismiss the preemption cause of action and otherwise affirming the trial court’s order was properly made. The Sabin Center filed an amicus brief in support of the motion for leave to appeal. The State of New York also filed an amicus brief in support of the motion, as did a coalition of organizations that including environmental justice groups, American Institute of Architects New York, and New York League of Conservation Voters.

Challenge to New York City's law establishing carbon emission caps for existing buildings.

Glen Oaks Village Owners, Inc. v. City of New York

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Court Granted New York City Leave to Appeal Adverse Decision on Local Law 97 Challenge to New York High Court

Filed

United States of America

New York

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Court Granted New York City Leave to Appeal Adverse Decision on Local Law 97 Challenge to New York High Court

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