New York’s Climate Leadership and Community Protection Act of 2019 (CLCPA) sets out ambitious goals for the state to measure and reduce greenhouse gas (GHG) emissions, but the state Department of Environmental Conservation (DEC) has not met all the act’s deadlines to issue implementing regulations. Most recently, on October 24, 2025 a state trial court (the Supreme Court of Albany County) ordered DEC to issue overdue regulations directing emission sources to reduce GHG emissions. The remainder of this note discusses CLCPA and its status.
What does CLCPA require?
CLCPA provides statewide GHG goals, directing DEC to conduct planning and regulatory activities:
- New York statewide GHG emission reduction goals – 40% below 1990 levels by 2030, 85% by 2050
- DEC determines 1990 baseline GHG emissions (by 2021 – accomplished)
- Climate Action Council established, prepares statewide Scoping Plan (issued 2022, to be reissued every 5 years)
- GHG reporting requirements rule (issued March 2025)
What is the present litigation and latest decision?
After DEC missed its 2024 deadline to issue GHG reduction regulations, a coalition of environmental advocacy groups sued in March 2025, seeking a court order to DEC to issue the overdue regulations. During the litigation, DEC argued that the requirement was “infeasible”, because in DEC’s judgment the necessary rules would impose unacceptably high costs on regulated entities. The trial judge has rejected these arguments, concluding that CLCPA does not give DEC discretion to reject its mandate. Accordingly, the judge has ordered DEC to publish GHG reduction regulations no later than February 6, 2026. In setting this deadline, the judge notes that the state legislature is due to reconvene in January 2026, providing time for DEC to seek amendments to its responsibilities.
What happens next?
As discussed above, DEC has now been ordered to publish regulations by February 6, 2026. Since public comments on the agency’s draft rules closed several months ago, it may be possible for DEC to meet this deadline. Alternatively, DEC could appeal the court order seeking reversal or delay, and/or could seek legislative revisions to CLCPA to delay the deadline.
Self-evaluation checklist
Does the organization conduct activities in New York that lead to GHG emissions?
If so, might any of these activities be subject to CLCPA requirements?
Has the organization been involved in DEC’s activities to implement CLCPA, including rulemaking?
Where can I go for more information?
- DEC,
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
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