Climate Change & Resiliency
New York Supreme Court Dismisses Challenge to Local Law 97
On October 30, 2023, the New York Supreme Court, New York County dismissed a significant legal challenge to New York City’s building emissions law, Local Law 97 of 2019. The decision provides clarity to the NYC real estate community that Local Law 97 is valid, enforceable, and constitutional. The law’s greenhouse gas (GHG) emissions caps…
Biden Administration Proposes “Phase 2” Revisions to NEPA Regulations
On July 31, 2023, the Council on Environmental Quality (CEQ) published a Notice of Proposed Rulemaking (NPRM) for its second phase of revisions to the 2020 National Environmental Policy Act (NEPA) amendments. As a brief primer, NEPA imposes procedural requirements on all federal agencies to consider the effect of a project or action on the…
New Proposed Local Law 97 Regulations Include Penalty Mitigation, Electrification, and Enforcement Provisions
On September 12, 2023, 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 establish penalty mitigation pathways, create incentives for electrification, and clarify…
Rooftop Solar Systems Required by NYC Local Laws May Qualify for IRA’s Renewable Energy Tax Credits
New York City local law requires new roofs (with some exceptions) to install a solar photovoltaic (PV) electricity generating and/or green roof system. While these requirements became effective in 2019, given the pace of construction in New York City, many of the roofs covered by the law have only recently been, or will soon be,…
City Planning to Hold Public Hearing on the City of Yes for Carbon Neutrality Proposal
On July 26, 2023, the New York City Planning Commission (CPC) will hold a public hearing on the proposed zoning text amendment known as the City of Yes for Carbon Neutrality (COYCN). The proposed amendment aims to modernize the City’s Zoning Resolution to facilitate renewable energy development, building decarbonization, and electric vehicle (EV) charging deployment….
New York State’s FY 2024 Budget Includes Decarbonization and Renewable Energy Investments But Lacks Gov. Hochul’s Housing Plan
On May 3, 2023, New York Governor Kathy Hochul announced the highlights of the approved Fiscal Year 2024 state budget, including numerous investments in decarbonization programs and renewable energy development. Notably absent from the budget are the elements of Governor Hochul’s housing plan, which included a commitment to build 800,000 new units in a decade…