NYSDEC Publishes Proposed Guidance Incorporating Environmental Justice Considerations Into Existing Permit Processes

On September 27, 2023, the New York State Department of Environmental Conservation (NYSDEC) published a draft policy aimed at implementing Section 7(3) of the Climate Leadership and Community Protection Act (CLCPA), which seeks to prevent disadvantaged communities from being disproportionately affected by greenhouse gas (GHG) or co-pollutant emissions. The draft policy lays out a procedure NYSDEC will follow when reviewing certain permit applications for projects that involve sources and activities that will result in direct or indirect GHG or co-pollutant emissions. For such permit applications, NYSDEC will first determine whether the project is in or is likely to affect a disadvantaged community and will then consider whether the project will result in increases in GHG or co-pollutant emissions. If both criteria are met, the project applicant must prepare a disproportionate burden report explaining the anticipated emissions and outlining project design measures that