Reversing an intermediate appellate court, the New York Court of Appeals held that New York State’s Climate Leadership and Community Protection Act (CLCPA) did not preempt the field of regulating greenhouse gas emissions and did not preempt New York City’s Local Law No. 97, which requires large existing buildings to reduce emissions. The court found that the CLCPA did not demonstrate an intent to preempt the field of greenhouse gas emissions regulation, noting that the state law “recognizes that local government plays an important role in this area,” that the state law does not expressly preempt local regulation of emissions, and that its legislative findings “evince a sense of urgency” regarding implementation of climate measures and encourage climate change mitigation action by other jurisdictions. In addition, the Court of Appeals pointed to the CLCPA’s directive requiring the Climate Action Council to consider measures taken by other jurisdictions such as localities when developing the Scoping Plan that sets forth actions to achieve the CLCPA’s emissions reduction mandates. The Court of Appeals noted that Local Law No. 97 had been enacted before the CLCPA and also cited “the recognized and longstanding involvement of localities in regulating matters of environmental concern” such as air pollution. The Court of Appeals said the inclusion in the CLCPA of a savings clause stating that the CLCPA did not relieve entities from compliance with applicable local laws and regulations further reflected the CLCPA’s “embrace of complementary local action.” The Court of Appeals held that the intermediate appellate court erroneously interpreted this “broad savings clause”—which provides that “[n]othing in this act shall relieve any person, entity, or public agency of compliance with other applicable federal, state, or local laws or regulations, including state air and water quality requirements, and other requirements for protecting public health or the environment”—to apply only to local laws that did not regulate greenhouse gas emissions. The Court of Appeals also rejected the plaintiffs’ contention that the “nature and statewide significance” of the CLCPA’s subject matter demonstrated an intent to preempt the field; the Court of Appeals acknowledged the “ambitious” reach of the CLCPA but said it could not conclude that “aspirational” legislative findings regarding the CLCPA’s intent to create a “comprehensive regulatory program” were meant to prevent local governments from taking actions that would help the State achieve its emissions goals.

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>

New York High Court Said State Climate Law Did Not Preempt New York City’s Building Emissions Law

Filed

United States of America

New York

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

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

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

Actions to reduce emissions in energy generation and supply.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

New York High Court Said State Climate Law Did Not Preempt New York City’s Building Emissions Law

Target

Risk

Renewable energy

Greenhouse gas