A New York trial court denied the New York State Department of Environmental Conservation’s (DEC’s) motion requesting that the court extend the deadline the court had set for DEC to promulgate regulations that the Climate Leadership and Community Protection Action mandated be issued by January 1, 2024. The court in October 2025 ordered DEC to come into compliance by February 6, 2026. The court found that DEC’s motion requesting the extension was moot because the court’s order had been stayed by operation of law when DEC filed a notice of appeal. The court also found that DEC did not meet the legal threshold for a motion to renew or reargue. The court said it had declined to take on oversight of the regulatory process and had instead afforded DEC time to seek legislative changes to the deadline. The court found that the “essence” of DEC’s argument in its motion to renew or reargue was “the very same” as its original argument—that it did not want “to be governed by a hard deadline.”

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 Declined to Give DEC More Time to Issue Regulations to Implement Climate Law

Filed

United States of America

New York

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New York Court Declined to Give DEC More Time to Issue Regulations to Implement Climate Law

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