The New York Appellate Division revived a cause of action asserting that New York State’s Climate Leadership and Community Protection Act (CLCPA) preempts New York City’s Local Law 97, which sets limits on greenhouse gas emissions from existing large buildings in the city. The court found that the claim invoked field preemption and that the City defendants failed to show that the CLCPA did not preempt the local law. In particular, the appellate court said it could be possible to conclude that the CLCPA savings clause providing that the CLCPA did not “relieve any person … of compliance with other applicable federal, state, or local laws … , including state air and water quality requirements and other requirements for protecting public health or the environment” did not apply to local laws regulating “greenhouse gas emissions reduction measures” such as Local Law 97. The appellate court pointed to a separate CLCPA provision that specifically addresses “greenhouse gas emissions reduction measures,” stating that “[n]othing in this act shall limit the existing authority of a state entity to adopt and implement greenhouse gas emissions reduction measures.” The Appellate Division affirmed the dismissal of causes of action for violations of the due process clauses of the U.S. and New York constitutions, as well as a facial challenge for vagueness. Regarding the vagueness challenge, the appellate court was not persuaded that Local Law 97 gave enforcement authorities “unfettered discretion in every case.” The appellate court noted that the law made a penalty mandatory if a building exceeded its emissions limit and that while the law allowed a court or administrative tribunal to consider mitigating factors, the factors were “not as vague as the ‘no apparent purpose’ standard” that applies to such claims. 

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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New York Appellate Court Said State Climate Law Might Preempt New York City’s Greenhouse Gas Emissions Limits for Existing Buildings

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United States of America

New York

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New York Appellate Court Said State Climate Law Might Preempt New York City’s Greenhouse Gas Emissions Limits for Existing Buildings

Policy instrument

Greenhouse gas