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ARTICLE · 04 NOVEMBER 2025

New York Court Orders State Agency To Issue Regulations Implementing Climate Act

Beveridge & Diamond, P.C.
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A New York trial court ordered the New York State Department of Environmental Conservation (NYSDEC) to issue regulations by February 6, 2026...

United StatesEnvironment
Michael G. Murphy
Michael G. Murphy
Megan R. Brillault
Megan R. Brillault
Katrina M. Krebs
Katrina M. Krebs
Angie Lai (2024 Summer Associate)
Angie Lai (2024 Summer Associate)

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.

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