Judge Criticizes Hochul Government Regarding Delays in Enacting New York's Climate Regulations
New York is facing a legal challenge from climate justice groups who argue that the state is violating its own climate law by delaying the implementation of its Cap and Invest (NYCI) policy. The lawsuit, filed in March 2025, accuses the Department of Environmental Conservation (DEC) of failing to promulgate the regulations for NYCI on the legislated schedule.
The hearing for this ongoing legal battle took place in July 2025, with Judge Julian Schreibman potentially leaning towards a ruling that the state is indeed breaking its climate law. The judge indicated that it is unlikely he would force the state to act before it could appeal the case to a higher court, but he is unlikely to grant the DEC more time to issue required regulations to cut greenhouse gases.
The Cap and Invest rules were initially announced in January 2025, but Governor Kathy Hochul later shelved the policy, citing the need to "get this right." The administration has argued that the delay is necessary to create an emissions-reducing system that serves as a model for other states. However, Rachel Spector, a lead attorney for the plaintiffs, expressed optimism about the hearing, stating that the judge saw the law was on their side.
The DEC has suggested that it might be ready to reopen the carbon pricing discussion around the year 2027. This timeline remains unclear, as does the administration's overall commitment to creating an emissions-reducing system. The DEC and the attorney general's office did not immediately respond when asked to react to Friday's hearing.
The lawsuit focuses on the specific failure to timely implement the NYCI regulations, which the court seems ready to find has violated state law. The Trump administration's stance against climate action was mentioned in the context of the DEC's climate regulations. However, New York has made efforts to address climate change, including the creation of a new $1 billion fund in the governor's budget.
The climate justice groups suing the state include the New York League of Conservation Voters, the Natural Resources Defense Council, the Sierra Club, and the New York Public Interest Research Group. Spector noted that one of the key aims of New York's climate law was to set the state out as a leader in a time of federal retrenchment. The judge's role is to ensure compliance with the climate law, not to give gold stars for how well the state is doing.
It is unclear how strict of an order the judge might impose if he comes down on the plaintiffs' side. The state has been holding off on launching the carbon pricing program due to post-pandemic economic disruption and new resistance from the federal government. The administration is still committed to creating an emissions-reducing system, but the details and timeline remain unclear. The legal battle between the climate justice groups and the state is set to continue.
[1] Associated Press. (2025). Climate groups sue Hochul Administration over delayed implementation of NY's Cap and Invest policy. Retrieved from https://www.apnews.com/article/climate-new-york-legislation-government-and-politics-environment-and-nature-0538658f1273b70a308707d3d6695f79
[2] New York Times. (2025). Climate justice groups sue New York State over delayed carbon pricing regulations. Retrieved from https://www.nytimes.com/2025/03/20/nyregion/climate-justice-groups-sue-new-york-state-over-delayed-carbon-pricing-regulations.html
[3] New York Daily News. (2025). Judge likely to rule New York is breaking its climate law by delaying cap and invest policy implementation. Retrieved from https://www.nydailynews.com/news/politics/ny-judge-likely-to-rule-new-york-is-breaking-its-climate-law-by-delaying-cap-and-invest-policy-implementation-20250729-7k544c5fzrafdg5n645lhzvn5q-story.html
- The climate justice groups accuse the New York state government of breaking its own climate law by delaying the implementation of the Cap and Invest (NYCI) policy.
- During the recent hearing, Judge Julian Schreibman indicated that he is likely to rule that the state has indeed violated its climate law.
- Governor Kathy Hochul initially announced the Cap and Invest rules in January 2025, but later shelved the policy, citing the need for a model emissions-reducing system.
- Rachel Spector, a lead attorney for the plaintiffs, expressed optimism about the hearing, stating that the judge saw the law was on their side.
- The lawsuit focuses on the failure to timely implement the NYCI regulations, and the judge's role is to ensure compliance with the climate law.
- The legal battle is set to continue, as it is unclear how strict of an order the judge might impose if he comes down on the plaintiffs' side. The climate justice groups suing the state include the New York League of Conservation Voters, the Natural Resources Defense Council, the Sierra Club, and the New York Public Interest Research Group.
