Climate Change and Resiliency

Gov. Hochul Announces M-Corps Program to Bring Climate Technology to New York State

On November 9, 2022, Governor Kathy Hochul announced that more than $3.7 million would be allocated to bring innovative climate technology, manufacturing and products to New York State. According to the Governor’s press release, this initiative, known as the M-Corps Program, “will connect startups scaling goods that lower greenhouse gases or reduce energy consumption with…

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NYC Department of Buildings Releases Proposed Local Law 97 Regulations

On October 6, 2022, the New York City Department of Buildings (DOB) issued proposed regulations to implement Local Law 97 of 2019 (LL97).  LL97 requires most large buildings in NYC to meet increasingly stringent greenhouse gas (GHG) emissions limits starting in 2024. The proposed regulations include three key components and numerous other clarifications to the…

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SCOTUS Invokes Major Questions Doctrine to Restrict EPA Regulation of Greenhouse Gases

On June 30, 2022, the U.S. Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v. EPA. The majority for the Court held that EPA’s “generation shifting” objectives found in the Obama Administration’s Clean Power Plan fell outside the meaning of the “best…

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Building Owners Sue NYC to Challenge Local Law 97

Marking the first legal challenge to NYC Local Law 97 of 2019 (Local Law 97) since its enactment, a group of building cooperatives, residents, shareholders, and a real estate company (Plaintiffs) sued the City of New York, the New York City Department of Buildings (DOB), and the DOB Commissioner (collectively, Defendants) on May 18, 2022….

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NYS Department of Environmental Conservation Issues Draft Disadvantaged Communities Criteria

On March 9, 2022, the New York State Department of Environmental Conservation (DEC or the Department) issued draft criteria developed by the Department’s Climate Justice Working Group (CJWG or Working Group) for identifying disadvantaged communities in New York State. The CJWG was established under the Climate Leadership and Community Protection Act of 2019 (CLCPA) and…

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New York Climate Action Council Releases CLCPA Draft Scoping Plan

On December 30, 2021, the New York State Climate Action Council released the Draft Scoping Plan for the Climate Leadership and Community Protection Act (Draft Scoping Plan) for public review and comment. The Draft Scoping Plan recommends policies and actions to help New York meet the ambitious climate goals articulated in the Climate Leadership and…

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