A state appellate court revived a lawsuit seeking to overturn New York City’s Local Law 97, potentially imperiling the city’s landmark statute regulating large buildings’ carbon emissions.that city lawyers hadn’t proven the 2019 law — which requires the city’s largest buildings to meet strict new emissions limits — is not preempted by the state’s own overarching climate statute, the Climate Leadership and Community Protection Act .
Local Law 97 requires most Big Apple buildings over 25,000 square feet to retrofit their properties to meet strict new limits on carbon emissions or pay steep penalties per ton of extra carbon emitted. Those limits first went into effect this year — though with aBob Friedrich, president of Glen Oaks Village co-ops in Queens, says retrofitting the property would cost millions of dollars he and his members don’t have.
“Climate change isn’t waiting for us to dither through litigation,” said John Mandyck, CEO of the Urban Green Council. “People are gonna read about it and misinterpret that they can delay action when, in fact, the law is still moving forward. So I’m worried about delay.” By arguing that the CLCPA field preempts local climate law, the plaintiffs are saying “the legislature has legislated so broadly in a subject area field, that no other local law can go into effect in that field,” Turner explained. “And that’s pretty rare.”
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