Congratulations to our client, Environmental Defense Fund (“EDF”), who helped to secure a court order mandating that New York’s Department of Environmental Conservation (“DEC”) promulgate statewide climate regulations by February 6, 2026, and that such regulations must comply with the landmark 2019 Climate Leadership and Community Protection Act (“Climate Act”). The Climate Act requires the state to meet robust, science-based greenhouse gas emission targets: a 40% reduction by 2030 and an 85% reduction by 2050, as compared to 1990 levels.  Over a year past DEC’s deadline, and with less than five years remaining to meet the 2030 limit, DEC had yet to promulgate regulations that would ensure achievement of those limits.

Represented by Kaplan Kirsch, EDF (jointly with Riverkeeper and Save the Sound) submitted an amicus brief in support of petitioners’ claims. Drawing on DEC’s own analyses of its current emissions regulations, the brief demonstrated that New York will fall far short of its 2030 and 2050 emissions limits. The brief also explained how DEC failed to prioritize measures to maximize reductions of greenhouse gas emissions and co-pollutants in disadvantaged communities, which also violates the Climate Act.

In its October 24, 2025 opinion, a New York Supreme Court found it “undisputed that DEC has not issued regulations that comply” with the Climate Act.  Since DEC was “legally-mandated” by the State Legislature to promulgate these regulations, the Court found petitioners entitled to an order requiring DEC to issue “Climate Act-compliant regulations.”  Petitioners included Citizen Action of New York, PUSH Buffalo, Sierra Club, and WE ACT for Environmental Justice.

DEC did draft a regulation to meet the requirements of the Climate Act, and that program was projected to generate $3 billion a year in new investments (including $1 billion in direct rebates to reduce energy costs), create 28,000 jobs by 2030, and secure $7 to $16 billion in health savings per year by improving air quality.  Among other things, the program would help promote public transportation infrastructure to reduce pollution; however, DEC pumped the brakes on that regulation back in January 2025.

If you have questions or wish to discuss the Court’s decision or state climate regulations, please contact Tom Bloomfield, Bill Marsh, or Caroline Jaschke.