News Summary
A New York court has indicated potential violations of the state’s climate law, criticizing the Department of Environmental Conservation for lack of progress in reducing emissions. Climate justice groups have taken legal action over the state’s failure to implement vital regulations. The ongoing legal proceedings may extend well beyond the upcoming elections, raising concerns about New York’s commitment to meeting its climate goals amid accusations of regulatory delays and inaction.
New York – A ruling suggesting likely violations of the state’s climate law was indicated by Ulster County Supreme Court Justice Julian Schreibman during a recent court proceeding. Justice Schreibman criticized the New York Department of Environmental Conservation (DEC) for what he deemed inadequate progress in establishing necessary regulations to cut greenhouse gas emissions. This comes as four climate justice groups have brought a lawsuit against the state, asserting that it has failed to meet regulatory deadlines necessary for achieving critical emissions reductions by 2024.
The climate justice groups filed their lawsuit in March after the state announced a pause on implementing a “cap and invest” policy designed to charge polluters for their carbon emissions. During the court proceedings, the DEC’s attorney claimed that issuing new regulations in the short term was unfeasible. In response, Justice Schreibman expressed skepticism about the state’s rationale, questioning the validity of the argument that the current “time of change and uncertainty” inhibits compliance with the climate law. He emphasized that recent legal precedents tend to support the plaintiffs’ case, suggesting that the court may need to rule in their favor.
As the state grapples with criticisms over its climate policies and alleged inaction, Governor Kathy Hochul’s administration attributed the suspension of the “cap and invest” program to economic disruptions caused by the pandemic and increasing federal opposition. Despite the governor’s reassurances of her administration’s commitment to addressing climate change, analysts note significant inaction and lack of concrete timelines for effective regulations.
The DEC’s Meredith Lee-Clark has referred to climate change as a “generational problem,” highlighting the establishment of a $1 billion fund aimed at combating the crisis. However, Justice Schreibman maintained that his role was to ensure compliance with established law rather than evaluate the state’s efforts positively. He implied that delays and non-compliance could undermine the state’s progress toward its climate goals.
The plaintiffs argued that the legislature’s lack of action to revise the climate law’s deadlines is indicative of the state’s failure to meet its own environmental commitments. As the court deliberates, there are concerns that the ruling process could extend well beyond the upcoming elections, potentially delaying any resolution until after Governor Hochul’s reelection bid.
If the state chooses to appeal Justice Schreibman’s forthcoming judgment, litigation could continue up to 2027. This would coincide with a timeframe in which the DEC may reassess discussions regarding carbon pricing policies. Despite ongoing discussions around a carbon pricing initiative, the specifics of such measures remain vague, leaving many critics questioning the state’s commitment to its aggressive climate goals set forth by the 2019 Climate Leadership and Community Protection Act.
Moreover, the DEC is currently facing mounting pressure regarding its permitting process for various fossil fuel projects, which could pose additional challenges to achieving the state’s climate objectives. Critics argue that these ongoing actions contradict the long-term imperative to enact substantial climate policies and meet ambitious emission reduction goals. As the legal proceedings unfold, the future of New York’s environmental policy and actions towards a sustainable climate change strategy remain uncertain.
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