A New York trial court granted New York City’s motion to dismiss a lawsuit challenging Local Law 97, which sets increasingly stringent limits on greenhouse gas emissions from existing large buildings in New York City, starting in 2024. First, the court concluded that the plaintiffs did not establish that the New York State Climate Leadership and Community Protection Act (CLCPA) preempted Local Law 97. The court found that the plaintiffs failed to show how the local law would either prohibit conduct the State permits or impose restrictions on State-granted rights. In fact, the court said, the City presented evidence that there was no conflict between State and local law on abatement of greenhouse gas (GHG) emissions and that, “rather than identifying any inconsistency or divergence in their objectives, New York State has repeatedly expressed its desire and intent to collaborate with the City and other local governments to abate GHG emissions under the CLCPA.” Second, the court rejected the plaintiffs’ contention that the penalties for violations of Local Law 97 were unconstitutional taxes on greenhouse gas emissions. The court said the plaintiffs’ argument relied on authorities regarding improper “fees” as opposed to improper “penalties.” Third, the court rejected due process challenges to the law. The court found that neither the prospective penalties nor the plaintiffs’ projections of compliance costs were “so severe and oppressive as to be wholly disproportionate to the offense …and obviously unreasonable.” The court also rejected the contentions that the law was unconstitutionally retroactive or impermissibly vague. Additional analysis of the court’s decision is available in this Climate Law Blog <a href="https://blogs.law.columbia.edu/climatechange/2023/11/06/new-york-state-court-holds-upholds-local-law-97/">post</a>.

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 Court Dismissed Challenge to New York City Building Decarbonization Law

Filed

United States of America

New York

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New York Court Dismissed Challenge to New York City Building Decarbonization Law

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance