ESG - New York Floats Draft Environmental Justice Permitting Guidance

New York State's Department of Environmental Conservation (DEC) has issued draft guidance intended to implement provisions of the Climate Leadership and Community Protection Act (CLCPA) intended to reduce disproportionate burdens on disadvantaged communities (DACs). The guidance is available here.

Section 7(3) of the CLCPA requires state agencies to avoid disproportionate burdens on DACs, and to prioritize reductions of greenhouse gas emissions and co-pollutants in such communities. The State Legislature also passed a comprehensive environmental justice statute in 2022 (amended in 2023) (which is nameless, but we'll call the "Cumulative Impacts Bill," or CIB), which goes into effect December 31, 2024. DEC's new proposal provides guidance to DEC Staff on how to manage environmental justice considerations in permit applications until the CIB goes into effect.