The New York Climate Act, passed in 2019, set binding targets for state emissions. These targets required emissions reductions of 40% of 1990’s levels by 2030. Subsequently, the state was sued for not adhering to these targets. The courts found that the state was bound by the Climate Act and had to pass regulations to hit its targets. Now, the New York Governor has cold feet as the reality of emissions reductions sets in. In a recent press release, the Governor argues that the Climate Act’s targets should be amended so as not to cause the citizens of New York state unnecessary financial hardship:
“It’s also why, despite supporting the intentions of the Climate Act, I am pushing changes to the law as part of our budget discussions with the Legislature. This is solely out of necessity – to protect New Yorkers’ pocketbooks and economy. Despite all the headwinds and obstacles that could not have been foreseen when the law was enacted in 2019, advocates still took the extreme step of suing the state to force it to issue regulations to meet the Climate Act’s 2030 emission reductions targets… the undeniable fact is we cannot meet the Climate Act’s 2030 targets without imposing new and additional crushing costs on New York businesses and residents.”
The governor cites COVID-19, the global energy crisis, and federal energy policy as unforeseeable events that make adherence to the Climate Act impossible. It’s unclear if there is enough political support behind the Governor’s proposed amendments or what the timeline is for their passage. We’ll be keeping up with these developments and looking to see if other states with climate laws follow suit.
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