Climate Change and Resiliency
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…
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….
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…
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…
NYC’s Natural Gas Ban Intends to Speed Up Building Electrification
In the waning days of its 2021 legislative session, the New York City Council passed a new law limiting the use of carbon intensive fuels in future building construction. Passed by the City Council on December 15 and signed by outgoing Mayor Bill De Blasio on December 22, Local Law 154 seeks to address the…
NYS Department of Environmental Conservation Issues CLCPA Compliance Guidance
On December 8, 2021, the New York State Department of Environmental Conservation (DEC or the Department) issued two policies that incorporate climate change considerations into Departmental decision making and ensure compliance with the Climate Leadership and Community Protection Act of 2019 (CLCPA). As previously covered by the SPR Blog, the CLCPA requires DEC to establish…
