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

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

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

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

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

Just transition