A New York trial court ordered the New York State Department of Environmental Conservation (NYSDEC) to issue regulations by February 6, 2026, to achieve the emission reductions mandated by the State’s Climate Leadership and Community Protection Act (Climate Act). In response, Governor Kathy Hochul is considering modifying the Climate Act in coordination with the State Legislature.
The 2019 Climate Act requires NYSDEC to adopt regulations to reduce statewide greenhouse gas (GHG) emissions by 40% by 2030 and 85% by 2050, compared to 1990 levels. Although NYSDEC has taken some steps to implement the law—such as identifying disadvantaged communities and issuing guidance on its application to permitting decisions—the agency failed to meet the statutory deadline of January 1, 2024, to issue the required regulations.
In March 2025, four public interest groups sued NYSDEC for this failure, seeking a mandatory injunction compelling the agency to issue the regulations. On October 24, 2025, the Albany County Supreme Court ruled in favor of petitioners and ordered NYSDEC to promulgate the regulations no later than February 6, 2026.
In its defense, NYSDEC submitted a letter arguing that meeting the Climate Act’s goals was “currently infeasible.” Pointing to a U.S. Environmental Protection Agency proposal to rescind the endangerment finding for GHG and other recent federal actions, NYSDEC warned that implementing the required regulations would “damage the public interest” by raising energy costs and causing significant economic impacts to New Yorkers. The court, however, rejected these arguments, holding that NYSDEC has no discretion to disregard a statutory mandate unless and until the State amends the Climate Act. In a written statement sent to New York news outlets, Governor Hochul publicly disagreed with the court’s decision, stating:
“My job is to ensure we have enough power to keep the lights on, keep rates affordable and attract major economic development projects. New York has been, and will continue to be, a leader in climate action, but the judge’s decision fails to factor in the realities of today that include a federal government hostile to clean energy projects, the continuing impacts of post-COVID high inflation and potential energy shortages expected downstate as soon as next year. We plan to review all our options, including working with the Legislature to modify the [Climate Act] and appeal, in order to protect New Yorkers from higher costs.”
As the February 2026 deadline approaches, regulated entities and other stakeholders should closely monitor developments, including potential legislative action or proposed revisions to the Climate Act and its implementing framework.
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