Local Law 97 Not Pre-Empted: The Song Remains The Same

In a recent Court of Appeals decision, Plaintiff, Glen Oaks Village Owners, Inc. ("Glen Oaks"), claimed that Defendant, City of New York, the City's Department of Buildings, and the Commissioner of the Department of Buildings ("City"), implementation of Local Law No. 97 of 2019 was preempted by the State's subsequently enacted Climate Leadership and Community Protection Act ("Climate Act"), a month later. Plaintiff argued that the Climate Act highlighted the State's intent to legislate the entire field of greenhouse gas regulation, thereby displacing the City's authority in its entirety. The City moved to dismiss the claim for failure to state a cause of action.

In ongoing efforts to combat climate change, Local Law No. 97 was enacted in May of 2019 to address climate change at the municipal level by requiring covered buildings to achieve a minimum 40% reduction in greenhouse gas emissions citywide by 2030, and 80% in 2050 (relative to city-wide emission values