Several activist groups recently filed a lawsuit against the New York State Department of Environmental Conservation over its alleged failure to release new climate regulations.
The lawsuit, filed in the Albany County Supreme Court, was submitted by Citizen Action of New York, People United for Sustainable Housing Buffalo, the Sierra Club and WE ACT for Environmental Justice. The complaint accuses the state of “stonewalling necessary climate action in outright violation of its statutory obligations,” referencing the 2019 Climate Leadership and Community Protection Act.
Under the bill, the state must reduce greenhouse gas emissions by 40 percent before 2030 and 85 percent before 2025, compared to 1990 levels. A Climate Action Council was first formed to develop a Scoping Plan, a “roadmap to attain the statewide greenhouse gas limits set by the law,” per the complaint.
“The Scoping Plan is not self-effectuating and does not impose binding requirements on any state or private entity,” it read. “Rather, the Scoping Plan provides recommendations for steps that New York should take to achieve the CLCPA mandates.”
Finalized in December 2022, the plan recommended that regulators create a “comprehensive statewide regulatory program” to reduce emissions and target certain sectors. It called on New York to adopt a “cap-and-invest” scheme, which would set an annual cap on emissions. Some companies that directly release or sell products with significant emissions would be required to purchase allowances “equivalent to those emissions.”
Under the plan, the cap would decrease annually, which the lawsuit claims would gradually reduce emissions statewide.
In January 2023, Gov. Kathy Hochul ordered the environmental conservation department and the state Energy Research and Development Authority to develop the system over the new year. A pre-proposal outline was issued in December 2023, followed by webinars throughout 2024.
Four months ago, staff tasked with developing the system allegedly “met with individuals representing some of the Petitioners” and told them draft regulations would be released in January.
In her 2025 “State of the State” book, Hochul said the state would continue developing the cap-and-invest program and propose new regulations over “the coming months.”
“New York needs to get the transition right and keep our state affordable for families,” the book reads. “We will create new opportunities for New Yorkers from every walk of life and help transition New York households, Main Street businesses, and industry to a clean energy future.”
WE ACT for Environmental Justice, one of the petitioners and an advocacy group focused on promoting environmental justice in marginalized communities, criticized Hochul for a “lack of progress” in launching the initiative. Some Democrats in the state legislature were also disappointed by the apparent delay.
“Governor Hochul claims to be a climate champion, yet she is violating the explicit terms of our state’s 2019 climate law, which requires the state Department of Environmental Conservation to issue regulations setting limits on the greenhouse gas emissions that cause climate change,” said Bob Cohen, policy and research director for Citizen Action of New York. “The climate law required the regulations to be in place in January of last year.”
In a March 4 statement, the department’s acting commissioner said cap-and-invest regulations would be released by the end of the month. On March 26, the department released “draft regulations on greenhouse gas reporting” for data collection, which did not include requirements for emission reduction.
The lawsuit claims the state is not on track to meet the 40 percent reduction requirement by 2030, violating the 2019 law and a state constitutional amendment guaranteeing “a right to clean air and water, and a healthful environment.”
Hochul’s office did not return a request for comment, while the Department of Environmental Conservation declined to comment on the pending litigation.
“People want to see renewable energy,” Ethan Gormley MA ‘17, a climate justice organizer for Citizen Action, said. “They want to see clean, affordable energy delivered to their homes and they want to stop seeing their communities polluted by fossil fuels.”
“So what we’re gonna do is make sure people have their voices heard,” he continued. “We’re going to urge the release of all the regulations for cap-and-invest, and we’re gonna make sure the public is well represented.”
Editor’s Note (5/2): A previous version of this article incorrectly stated that Bob Cohen is an alumni. He is not, and Ethan Gormley is. The correct graduation year has been added.