The plaintiffs and attorneys who sued New York after it failed to implement its Cap-and-Invest program by the 2024 deadline spoke out Friday in the wake of the governor’s budget rollbacks to the landmark 2019 Climate Leadership and Community Protection Act (CLCPA).
It was one day after Gov. Kathy Hochul signed the budget into law.
“The lawsuit we filed was a straightforward case to enforce a statutory deadline,” said Rachel Spector, deputy managing attorney for Earthjustice and co-counsel in the lawsuit.
As part of the lawsuit, multiple organizations sued the “Department of Environmental Conservation last year for failing to issue the regulations required under the CLCPA to drive down greenhouse gas emissions across the state,” said Caroline Chen, director of Environmental Justice, New York Lawyers for the Public Interest and co-counsel in the lawsuit.
Chen, Spector and others argued the governor’s budget rollbacks are “depriving them of recourse” since they live in communities burdened by environmental hazards such as air pollution or toxic waste.
“These types of cases are common and are often resolved through a settlement where the plaintiffs and the agency agree on a timeline for compliance,” said Spector.
As part of the 2027 enacted state budget, the required timeline was pushed to 2028 to put regulations tied to emissions targets in place.
The plaintiffs argue that without the regulations, the infrastructure can’t be put in place.
The new interim emissions reduction target is 60% by 2040.
In a statement to Spectrum News 1, Hochul’s office said in part: “Governor Hochul has made clear her top priority is keeping the lights on and costs down for all New Yorkers,” said Ken Lovett, Senior Communications Advisor on Energy and Environment for Governor Hochul. “While reckless policies coming out of Washington D.C. continue to bring unprecedented challenges, the commonsense reforms Governor Hochul fought for in this year’s budget protect New York’s status as a climate leader, while prioritizing affordability for New Yorkers. Governor Hochul remains committed to building on the state’s robust record of climate and clean energy successes.”
Republicans agree with the CLCPA rollbacks but believe they “don’t go far enough.”
“We need to closely examine the program again and go back to the basics,” said Republican Assemblyman Phil Palmesano. “We need an energy policy that’s going to prioritize energy affordability, reliability, feasibility, fuel diversity and energy choice.”
Despite these rollbacks, the governor’s office says the “budget amends the CLCPA to ensure the regulations are still tied to achieving the state’s 2050 reduction mandate.”