Court orders New York State to issue regulations to implement landmark climate law
Agreeing with arguments advanced by Riverkeeper, the court orders the state to issue regulations by February 2026 to meet emission reduction targets
October 30, 2025
Drew Gamils
Senior Attorney
Key takeaways
- Albany County Supreme Court ruled that the New York State Department of Environmental Conservation must issue regulations to meet emission reduction targets under landmark state climate law
- Riverkeeper and partners filed a legal brief providing key context, data, and legal analysis support the initial legal challenge against the state
In a big step forward for climate action, the Albany County Supreme Court ruled that the New York State Department of Environmental Conservation (NYS DEC) is violating state law by failing to take the required steps to meet its greenhouse gas pollution limits — threatening the health and safety of communities and the environment.
Riverkeeper has for years pushed the state to adopt regulations required under New York’s landmark climate law, the Climate Leadership and Community Protection Act (CLCPA).
Together with partners Environmental Defense Fund and Save the Sound, we filed a legal brief — known as an amicus curiae (“friend of the court”) — to support with context, data, and legal analysis the claim that the NYS DEC violated its legal obligations under the CLCPA, jeopardizing the state's climate goals and endangering public health, particularly in communities disproportionately affected by pollution.
In its October 24, 2025 decision, the court ruled in favor of that claim (brought to court by Citizens Action of New York, PUSH Buffalo, Sierra Club, and WE ACT for Environmental Justice), and ordered the NYS DEC to issue regulations by February 6, 2026.
New York’s Signature Climate Law
Passed in 2019, the CLCPA is one of the nation’s most ambitious climate laws. It requires New York to cut greenhouse gas emissions 40 percent by 2030 and 85 percent by 2050, compared to 1990 levels, while ensuring that the benefits of the transition to clean energy reach historically overburdened communities.
The CLCPA required NYSDEC to develop enforceable regulations by January 2024 to turn these goals into actions. In January 2025, after two years of stakeholder engagement to develop a comprehensive regulatory program that would bring down greenhouse gas emissions and air pollution statewide, generate revenue for New Yorkers, and invest in the transition to clean energy, the NYS DEC refused to issue the required regulations and failed to provide a timeline to do so. The NYS DEC’s failure leaves New Yorkers exposed to continued air pollution, ignores the clear direction of the Legislature, and threatens the state’s ability to comply with the CLCPA’s emission limits.
Riverkeeper’s role
The legal brief filed by Riverkeeper and its partners provided the court with an independent, science-based perspective showing that the NYS DEC has fallen far short of its legal duties under the CLCPA.
Our brief highlighted that the NYS DEC’s own data show New York is projected to exceed its 2030 climate pollution limit by 58 million metric tons — a clear sign the agency will fall short of the CLCPA’s legally mandatory emission targets. We also emphasized that CLCPA requires the NYSDEC to adopt regulations that reflect the findings of the scoping plan created by DEC and a multi-stakeholder Climate Action Council, which was developed through years of collaboration among experts and communities. This scoping plan outlines a regulatory approach for ensuring compliance with the statewide emissions limits, balancing various policy considerations to minimize economic costs and maximize benefits.
We urged the court to recognize that the NYS DEC has neglected its duty to prioritize pollution reductions in disadvantaged communities, as required by the CLCPA. The urgent threat of climate change and the need for regulatory certainty for communities and businesses alike far outweigh any administrative burden on the NYS DEC. Our brief underscored the fact that the deadlines and obligations in the CLCPA are not optional, and that timely, enforceable climate action is essential to protect New Yorkers and provide certainty for communities and clean energy investments alike.
The court’s decision
The court determined that the NYS DEC does not have the power to choose not to follow directives from the Legislature. The Legislature established in the CLCPA the greenhouse gas emission reduction goals that the state must achieve, and the court ruled that the NYS DEC must issue regulations to achieve those goals.
In short, the court confirmed that the NYS DEC must follow the law and issue regulations that achieve the state’s binding emission reduction goals by February 6, 2026.
The State now faces several possible paths forward. It can comply with the Court’s order and issue the required regulations by February 2026 — an achievable task given that the NYS DEC has already developed a framework that could serve as a foundation for the new rules. Alternatively, the State could appeal the Court’s decision, which would delay the state’s legal obligation to act. State officials could also amend the CLCPA, though doing so would undermine one of the nation’s strongest climate laws and the commitments it embodies. Governor Hochul has already announced plans to appeal the ruling and has indicated a preference to change the law. Riverkeeper unequivocally opposes any attempt to weaken New York’s landmark climate goals in the upcoming state legislative session.
Riverkeeper’s climate work
Climate change is already reshaping the Hudson River and its watershed. Rising water temperatures, heavier rainfall, and sea-level rise are driving more frequent flooding, worsening water quality, and putting communities and ecosystems at risk. Extreme storms threaten infrastructure from New York City to Albany and beyond, while warming waters stress fish and wildlife populations.
Riverkeeper is working to build climate resilience across the region, advocating for measures that reduce flooding, protect water quality, and accelerate a transition to renewable energy that safeguards the river and all who depend on it. Ensuring full implementation of the CLCPA is central to that mission. Strong, enforceable climate rules are essential not only to cut pollution but to protect the Hudson River, its communities, and future generations. We will continue to hold New York accountable to its climate commitments and defend the Hudson River from the impacts of climate change.
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