News Summary
A New York judge has raised concerns about the state’s compliance with its climate law, criticizing delays in issuing regulations aimed at reducing greenhouse gas emissions. Justice Julian Schreibman doubts the Department of Environmental Conservation’s request for more time and stresses that existing uncertainties do not excuse inaction. Climate justice groups are pushing for accountability, urging timely regulatory actions to meet emissions reduction targets. The judge’s potential ruling could reinforce the state’s obligation to adhere to its climate commitments amidst ongoing scrutiny from environmental advocates.
New York – A New York judge has indicated that the state may be violating its climate law due to delays in issuing required regulations aimed at reducing greenhouse gas emissions. Ulster County Supreme Court Justice Julian Schreibman has expressed skepticism towards the New York State Department of Environmental Conservation (DEC), suggesting that the agency’s request for more time to formulate these regulations lacks merit.
Justice Schreibman criticized the DEC’s argument that current times of change and uncertainty justify the delays in implementing the necessary frameworks. He pointed out that change and uncertainty are constants in any era and do not excuse the state from adhering to its established climate commitments. The judge has hinted at a ruling that would reinforce adherence to the climate law, which mandates New York to introduce regulations by 2024 to achieve significant reductions in emissions over the next decade.
The lawsuit in question was initiated by four climate justice groups, who argue that the state’s failure to issue the required regulatory frameworks constitutes a breach of the climate law. The plaintiffs have proposed a timeline requiring the DEC to release draft regulations within 30 days and finalize them within an additional 100 days. This push for accountability underscores a broader demand from environmental advocacy groups for the Hochul administration to take timely action towards compliance with the state’s climate legislation.
Recent actions by Governor Kathy Hochul to stall implementation plans for a cap-and-invest policy—a crucial component of the state’s climate strategy—have added to the frustration among advocacy groups. These regulations were initially expected to play a key role in meeting New York’s climate goals. The DEC had previously intended to introduce cap-and-invest rules but reversed course owing to economic uncertainties and federal opposition following the pandemic.
In response to critiques regarding its sluggish progress, the DEC has highlighted its efforts in the form of a $1 billion fund established to address climate change challenges. However, Justice Schreibman expressed doubts about the agency’s claims of advancements in adhering to the climate law, emphasizing that ongoing compliance remains the central issue at hand.
The DEC’s defense strategy included references to impediments faced under the administration of former President Trump, which they argue hampered the agency’s ability to progress in regulating climate emissions. Notably, despite these challenges, the state legislature has refrained from revising deadlines outlined in the climate law, even after several opportunities for such amendments.
Should the judge side with the plaintiffs, immediate enforcement actions may not be necessary due to the likelihood of appeals that could prolong the process. Environmental justice advocates have been vocal in urging the Hochul administration to demonstrate a genuine commitment to complying with the climate law that was enacted in 2019.
Justice Schreibman acknowledged that resolving issues surrounding the timing of state actions regarding emissions targets could extend beyond the upcoming election period for Hochul. This has raised concerns among critics who warn that the administration may deliberately delay regulatory actions until after the 2026 election to prevent political repercussions. The commitment to climate action from the current administration is increasingly questioned as slow progress and adverse regulatory decisions signal potential setbacks.
As New York grapples with meeting critical climate deadlines, its progress remains under scrutiny from both the public and other states observing its environmental management efforts.
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Author: STAFF HERE NEW YORK WRITER
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