A courtroom where a judge examines the implications of New York's climate law with environmental activists expressing their concerns.
New York is facing potential legal repercussions as a judge critiques the state’s adherence to a climate law aimed at reducing greenhouse gas emissions. Ulster County Supreme Court Justice Julian Schreibman expressed skepticism towards the state’s arguments and suggested a ruling in favor of climate justice groups who have sued New York for not issuing necessary regulations. The lawsuit arose after Governor Hochul suspended a proposed cap and invest policy, raising questions about New York’s commitment to its climate goals. The judge’s insights indicate a pivotal moment for the state’s environmental policies.
New York is facing potential legal repercussions as a judge indicates that the state may be violating its climate law. Ulster County Supreme Court Justice Julian Schreibman expressed skepticism towards the arguments made by the New York State Department of Environmental Conservation (DEC) during a recent hearing regarding regulatory compliance. The judge’s comments suggest a likely ruling in favor of four climate justice groups, which have sued the state for not issuing essential regulations aimed at cutting greenhouse gas emissions.
Climate justice organizations initiated the lawsuit in March after Governor Kathy Hochul decided to shelve a proposed cap and invest policy intended to implement the state’s climate law. This policy was created to mandate that necessary regulations be issued by the year 2024, aimed at achieving significant emissions reductions over the coming decade. Following disruptions caused by the ongoing economic impacts of the pandemic and new federal reluctance to advance climate action, the governor suspended the initiative earlier this year.
During the hearing, the DEC’s representative, Meredith Lee-Clark, described climate change as a “generational problem” and highlighted a new $1 billion budget allocation for climate initiatives. However, Justice Schreibman emphasized that it is not his role to commend the DEC’s efforts, pointing out the critical need for compliance with established climate law. He indicated that the record of relevant cases “almost compel” him to side with the plaintiffs, who assert that the state is not meeting its obligations under the law.
The plaintiffs’ legal team argued that the DEC has not fulfilled its responsibilities by failing to issue required regulations on time. Justice Schreibman noted skepticism about the timeline for the issuance of these regulations, deeming the plaintiffs’ proposed deadlines of 30 days for drafts and 100 days for final regulations as highly unlikely. The state’s argument for requiring additional time to implement a carbon pricing program due to ongoing economic challenges was met with skepticism from the judge.
Justice Schreibman mentioned that the New York legislature had multiple opportunities to adjust the deadlines within the climate law, yet chose not to act, implying that the DEC cannot unilaterally impose delays. He expressed confusion about the DEC’s claims of being unable to act at this time, indicating a potential lack of sufficient justification for their inaction, and challenged the agency’s timeline and approach to managing climate initiatives.
As the hearing progressed, the plaintiffs’ attorney, Rachel Spector from Earthjustice, conveyed a sense of encouragement, believing that the law supports their case against the state. However, the judge hinted that while he may side with the plaintiffs, he might not compel the state to act before it has the opportunity to appeal. This possibility could extend the timeline of the case beyond the current governor’s term, possibly delaying resolution until as late as 2027.
The outcome of this case could have substantial implications, as New York has positioned itself as a leader in climate action amidst a broader federal retreat from proactive measures. The climate justice groups’ case represents a critical test for the state’s commitment to its climate commitments and may influence similar initiatives in other states watching New York’s progression.
Currently, there has been no immediate comment from the DEC or the Attorney General’s office regarding the recent hearing. Observers will be watching closely to see how the state’s actions align with the expectations set by the climate law and the eventual court decision.
Upcoming Garden Events in New York City – August 2025 New York City, a vibrant…
News Summary New York's cannabis regulatory agency, OCM, discovered that over 152 licensed dispensaries are…
News Summary Small Door Veterinary, a NoMad-based startup, has raised $55 million in equity and…
News Summary A New York Supreme Court judge has ruled that the Town of Riverhead's…
News Summary Zack Richner has secured a historic tax credit to support local journalism in…
News Summary Kathryn Wylde, a key figure in New York City's development, announces her retirement…