A New York Supreme Court denied a motion to dismiss a lawsuit brought by a town and village to challenge their exclusion from the list of “disadvantaged communities” (DACs) designated by the Climate Justice Working Group pursuant to the Climate Leadership and Community Protection Act (CLCPA). The CLCPA requires that at least 35% of the benefits of investment in clean energy, energy efficiency, and other programs go to DACs, with a goal of 40%. The court agreed with the petitioners that inclusion on the DAC list “creates a benefit for certain communities to the detriment of communities … that are excluded.” The court therefore concluded that the petitioners had alleged a harm-in-fact sufficient for standing. The court also agreed with the petitioners that denying standing would “create an impenetrable barrier” to review of the issue of the issue raised by the petitioners: “the consequences of the race-based determinations inherent in the DAC criteria.”

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 Said Municipalities Had Standing to Challenge Exclusion from List of “Disadvantaged Communities” that Receive Funding Priority Under Climate Law

Filed

United States of America

New York

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New York Court Said Municipalities Had Standing to Challenge Exclusion from List of “Disadvantaged Communities” that Receive Funding Priority Under Climate Law

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Finance