A New York trial court dismissed a lawsuit brought by the Town of Palm Tree, Village of Kiryas Joel, and local officials challenging the Climate Justice Working Group’s (CJWG’s) criteria for and designation of “disadvantaged communities” (DACs) pursuant to New York’s Climate Leadership and Community Protection Act. The court concluded that the CJWG’s actions were not “rules” subject to the State Administrative Procedure Act or “actions” subject to the requirements of the State Environmental Quality Review Act (SEQRA). The court further found, however, that even if the CJWG’s actions were subject to SEQRA, the record demonstrated that CJWG conducted a sufficient review of the potential environmental impacts of the DAC criteria and that failure to classify the actions under SEQRA therefore would not provide a basis for annulling the CJWG’s actions. The court also found that the CJWG’s determinations were not arbitrary or capricious, were fully in accordance with applicable law and procedure, and were not discriminatory. The court also concluded that the CJWG’s use of a weighted race/ethnicity score survived rational basis review and did not violate the petitioners’ equal protection rights. In addition, the court further found that the use of the weighted race/ethnicity score would survive strict scrutiny if it applied because the CJWG’s process was “narrowly tailored to address a compelling state interest, specifically, to remediate past discrimination against Black and Hispanic residents of the State of New York.”

Challenge to the exclusion of a village from the list of “disadvantaged communities” promulgated under New York’s Climate Leadership and Community Protection Act.

Town of Palm Tree v. Climate Justice Working Group

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New York Court Rejected Challenge to Designation of “Disadvantaged Communities” Under State Climate Law

Filed

United States of America

New York

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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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

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

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

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.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

New York Court Rejected Challenge to Designation of “Disadvantaged Communities” Under State Climate Law

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Finance