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ARTICLE · 13 JUNE 2022

Court Upholds DEC Permitting Denial Under Still-Evolving New York Climate Leadership And Community Protection Act

Harris Beach
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In the first decision regarding an administrative agency's authority to deny permit applications based on New York's Climate Leadership and Community Protection Act.

United StatesEnvironment
Javid Afzali
Javid Afzali

In the first decision regarding an administrative agency's authority to deny permit applications based on New York's Climate Leadership and Community Protection Act ("CLCPA"), Orange County Supreme Court in Danskammer Energy, LLC v. NYS Department of Environmental Conservation, et al., found that "the Department of Environmental Conservation has authority under § 7(2) of the [CLCPA] to deny a permit application, if warranted, based upon application of the same." The Court made this June 8, 2022 ruling despite the fact that the Department of Environmental Conservation ("DEC") has yet to promulgate specific greenhouse gas ("GHG") standards and enforcement regulations as required under the CLCPA.

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