Weakening NY’s Climate Law Is the Wrong Move

Gov. Hochul is signaling that she wants to revise or delay parts of New York’s landmark 2019 Climate Law. Her justification for doing so involve  concerns about energy affordability and implementation challenges. To put it bluntly, weakening the Climate Leadership and Community Protection Act (CLCPA) would be a mistake. Doing so would undermine climate progress, create policy uncertainty, and ultimately cost New Yorkers more in the long run.
Gov. Kathy Hochul

When the CLCPA passed, it placed the state at the forefront of national and global leadership in climate policy. The law was designed not just to cut emissions but also to drive innovation, investment, and job creation in clean energy industries. By setting ambitious targets, the state signaled to businesses, utilities, and communities that the future would be built on renewable power and electrification.

 If the state retreats from those commitments now, it will send the opposite message, declaring that climate goals are negotiable when political pressure rises. This kind of backtracking could discourage clean-energy investment and slow the development of industries such as offshore wind, energy storage, and green infrastructure.

Critics argue that New York’s climate targets are unrealistic or too expensive. But in many cases the state’s challenges stem from delays in implementation rather than flaws in the law itself. Reports have found that state agencies have fallen behind in issuing regulations and coordinating policies required to meet the law’s mandates.

Changing the targets now would reward bureaucratic delay instead of addressing the underlying issue: the state has not moved quickly enough to build the renewable energy projects, transmission lines, and electrification programs needed to meet its goals.

Rather than weakening the law, the Hochul administration should accelerate permitting, invest in grid infrastructure, and coordinate state agencies to deliver the clean-energy transition that lawmakers already promised.

The governor has pointed to rising energy costs as a reason to reconsider aspects of the climate law. A state analysis suggested that compliance could increase household energy costs in some scenarios. But focusing only on short-term costs misses the larger economic picture.

Climate change already imposes enormous costs on New York through extreme weather, flooding, heat waves, and infrastructure damage. Investing in renewable energy, electrification, and resilience now is far cheaper than dealing with the escalating consequences of a runaway climate crisis.

Moreover, renewable energy technologies continue to decline in price. Solar, wind, and battery storage are becoming increasingly competitive with fossil fuels. Delaying the transition could lock New York into expensive fossil infrastructure that will eventually have to be replaced anyway.

The legislation was designed not only to reduce emissions but also to address environmental inequities. It requires that at least 35 percent of clean-energy investments benefit disadvantaged communities that have historically suffered from pollution and industrial activity.

Rolling back climate commitments risks prolonging the harmful effects of fossil fuel infrastructure in those same communities, especially urban neighborhoods near highways, power plants, and industrial facilities. Weakening the law would mean delaying the health benefits of cleaner air, lower asthma rates, and reduced exposure to pollution.

Major infrastructure transitions do not happen overnight. Transforming an energy system takes decades of planning, investment, and policy stability. Businesses, utilities, and local governments make decisions based on the expectation that climate policies will remain in place.

If New York begins rewriting its climate law just a few years after passing it, that stability disappears. Investors may hesitate to finance renewable projects, and communities may question whether the state will follow through on its promises.

The CLCPA was never meant to be easy. It was designed to meet the scale of the climate challenge facing New York and the world. Instead of weakening the law, state leaders should focus on implementing it effectively, addressing affordability concerns through smart policy, and ensuring that the transition to clean energy benefits all New Yorkers.

In the face of a global climate crisis, the worst possible response would be to retreat from the bold commitments that once made New York a leader.

Endangerment at Home and Abroad

At first glance, climate policy rollbacks and a military strike on Iran may seem unrelated: one deals with environmental regulation at home, the other with foreign policy and conflict abroad. But in 2026, they share deep connections in how the current administration frames U.S. national priorities.

Repealing the Endangerment Finding

Let’s start with the rescinding of the endangerment finding by the Environmental Protection Agency (EPA).

Earlier this month the EPA under President Trump finalized the repeal of the 2009 endangerment finding, the scientific and legal determination that greenhouse gases such as carbon dioxide and methane endanger public health and welfare. The 2009 ruling gave the EPA its authority to regulate these emissions under the Clean Air Act.

The endangerment finding became the foundation of virtually all U.S. federal climate policy. It empowered the EPA to establish vehicle emissions standards, regulate powerful industrial polluters, and curtail greenhouse gas emissions from power plants and oil and gas facilities.

By rescinding that finding, the Trump EPA has unraveled that legal foundation, effectively eliminating federal greenhouse gas regulation and significantly weakening the agency’s ability to enforce climate policy. The final rule also eliminates reporting and measurement requirements for vehicle emissions.

This move represents one of the most consequential environmental policy rollbacks in U.S. history, undermining protections for air quality and climate health while rejecting a long-standing scientific consensus.

Without the authority of the 2009 finding, the EPA loses its central statutory basis for most climate regulations, opening the door to increased emissions, less federal oversight, and deeper disparities between state and federal policies. It also signals a clear ideological position against federal climate engagement and in favor of oil and gas companies.

The Attack on Iran

Both the repeal of the endangerment finding and the Iran conflict reflect a broader political agenda emphasizing the central influence of the U.S. fossil fuel industry. The EPA rollback is justified politically as removing what the Trump administration and its supporters call “overreach,” presenting less federal control as central to economic freedom and growth. On the other hand, the unprovoked military assault on Iran strengthens the power of the White House to act unilaterally in carrying out its foreign policy.

What unites the two is the unprecedented influence of big oil and gas corporations. Iran has the world’s second-largest reserves of natural gas and the third-biggest oil reserves. U.S. oil producers see Iran as a much better prospect than Venezuela and offered last month to be a “stabilizing force” in Iran if the regime there falls.

“You can imagine our industry going back there — we would get a lot more oil, a lot sooner than we will out of Venezuela,” a U.S. energy and geopolitics consultant observed, practically licking his chops. “That’s more conventional oil right near infrastructure, and gas as well.”

The Interplay of Domestic Politics and Foreign Policy

Climate policy and military strategy both shape global perceptions of U.S. leadership. The rollback of climate regulation obviously weakens U.S. influence in international climate cooperation. At the same time, war with Iran will undoubtedly further strain alliances and diplomatic partnerships important to tackling climate change collectively. In both cases, the U.S. is continuing to isolate itself globally.

Rescinding the EPA’s endangerment finding and launching a war against Iran are deeply related actions on the part of the Trump administration. Each represents a pivotal shift, one in how the U.S. engages with the science and policy of climate change at home, and the other in how it projects power abroad.

While different in substance, both illustrate how the fossil fuel industry exerts unchecked environmental and foreign policy influence in ways that endanger the long-term interests of the U.S. In a world increasingly interconnected by climate risk and geopolitical instability, these recent domestic and foreign policy decisions carry profound significance for the U.S and the world.

NY State Energy and Climate Policy in 2025

It’s an understatement to say that 2025 was not a good year for renewable energy and climate change policy in New York. The state experienced significant policy uncertainty this past year in these two areas, to put it kindly.

Certainly, New York continued to invest in renewable energy infrastructure and climate adaptation strategies. The execution in May of 26 large-scale land-based renewable energy contracts that will generate more than 2.5 GW of clean capacity, underscored the Hochul administration’s ongoing commitment to renewable energy deployment.

Photo by Tom Fisk on Pexels.com

In addition, the state has backed major green initiatives such as a broader Sustainable Future Program that allocates $1 billion to expand energy efficiency, decarbonization of buildings, and thermal energy networks, investments intended to reduce emissions while making the energy transition more affordable.

Yet these achievements were overshadowed in 2025 by growing concerns about policy direction and ambition.

The Hochul Administration Pullback

The Hochul administration faced strong criticism in 2025 from climate advocates for its pullback in the implementing climate policy. The state’s contentious handling of the proposed Cap-and-Invest program — an economywide carbon pricing system designed to generate revenue for climate initiatives while creating enforceable emissions caps — attracted much of this criticism. Although the program was expected to be finalized in 2025, Gov. Hochul spent much of the year putting in roadblocks that hindered its implementation.

Delays and administrative resistance in rolling out greenhouse gas emission regulations required by the CLCPA, including sections of the cap-and-invest framework, has generated much consternation. State agency decisions such as allowing previously denied permits for natural gas infrastructure have signaled a shift toward accommodating traditional energy interests at the expense of stricter climate enforcement. This will undoubtedly slow progress toward legally mandated emissions targets.

The administration has justified such a cautious approach as necessary to balance climate ambition with affordability, a framing that weighs public concerns over energy costs against the urgency of decarbonization. Nonetheless, environmental groups argue that these pullbacks risk New York falling short of statutory reductions and undermine the leadership role the state had positioned for itself. Critics also contend that reduced emphasis on building public renewables may forgo lower-cost clean energy and job opportunities.

Trump’s Energy and Climate Actions

Federal policy further complicated New York’s energy and climate trajectory in 2025. During President Trump’s second term, there has been a pronounced rollback of federal climate policies and a rush toward fossil fuel development. Key actions include withdrawal from the Paris Agreement, deregulatory measures at the Environmental Protection Agency (EPA) to dismantle numerous environmental protections, and administrative opposition to renewable energy projects.

Most consequential for New York has been federal interference with offshore wind development. Earlier this month, the Trump administration paused leases for multiple East Coast offshore wind farms, including Empire Wind and Sunrise Wind, citing national security concerns, a move that directly threatened New York’s offshore wind ambitions.

Other federal actions such as the elimination of clean energy tax incentives and cancellation of billions in funding for clean energy projects undermined the economic viability of deploying renewables at scale, particularly in states like New York that count on these incentives to attract investment. Alongside rollbacks of vehicle emission standards and other emissions safeguards, these federal shifts have seriously constrained the state’s ability to achieve its climate goals, creating regulatory conflict between state and federal priorities.

Repercussions for the City of Ithaca

All of these developments in 2025 have had significant repercussions for the City of Ithaca and its pursuit of ambitious climate objectives, including transitioning municipal operations to carbon neutrality, promoting electrification of buildings, and expanding local renewable generation.

State-level uncertainties have had tangible consequences for Ithaca’s energy planning. Delays or weakening of statewide carbon pricing mechanisms and the cap-and-invest program have reduced predictable funding streams that cities could use to support local renewable projects, efficiency upgrades, and climate resilience measures. Furthermore, the state’s delay in the implementation of the All-Electric Buildings Act has led to a delay in the city’s implementation of its net-zero building code.

Federal setbacks in wind and clean energy incentives also make capitalizing on larger-scale renewables more challenging, potentially delaying projects that could benefit local businesses and residents.

The combined effect of state policy reticence and federal rollbacks necessitates that Ithaca double down on local planning, community engagement, and the tapping of non-federal funding sources to meet its climate objectives. As a result, to say the least, this coming year will be challenging.

A Victory (for now) on the NYS Climate Action Front

There is so little good news in the world these days, especially regarding the climate crisis, that it’s worth paying attention when some comes along. Not just happy, greeting card talk, but substantive, positive developments.

Well, there was good news last Friday (October 24) and it’s worth focusing on. A state supreme court judge ruled that New York is violating its own 2019 climate law, the Climate Leadership and Community Protection Act (CLCPA).

CLCPA Mandates

How can this possibly be good news?

Here’s why: it’s been clear for months now that Governor Hochul and her administration have been working hard at slow-walking the effort to to implement the CLCPA. This law mandated – not suggested, recommended, or advised, but legally stipulated – the following climate and clean energy targets: a 40% reduction in greenhouse gases by 2030; an 85% reduction in greenhouse gases by 2050; and 70% renewable electricity by 2030; and 100% carbon-free electricity by 2040.

Cap and Trade Rules

Under the law, the State Department of Environmental Conservation (DEC) had until the start of 2024 to issue regulations that would “ensure” New York met its binding greenhouse gas emissions targets. A year and a half later, no such regulations had been issued.

Behind the scenes, the DEC and NYSERDA had apparently completed draft rules at the beginning of this year for cap and invest, the emissions program that is critical to theimplementation of the climate law. But the governor, instead of releasing these rules for public comment, pulled the plug on them.

In response, Citizen Action of New York, PUSH Buffalo, Sierra Club, and WE ACT for Environmental Justice filed suit in March. In his decision Judge Julian Schreibman gave the DEC until February 6 to issue the cap and trade regulations. “While DEC notes that it has taken other, commendable regulatory steps to reduce greenhouse gas emissions,” the judge said, “it candidly concedes that the impact of those regulations would fall far short” of the targets set out in the climate law.

Echoing Governor Hochul’s concerns about cap and trade, the DEC argued in court that issuing the regulations was “infeasible” because it “would require imposing extraordinary and damaging costs upon New Yorkers.”Judge Schreibman, to his credit, dismissed that argument. “It is undoubtedly true that the task placed before the DEC is very complicated indeed,” he observed. “But as a legal argument, this is unavailing.”

Two Paths

The judge said there were two paths ahead: the DEC can release regulations to meet the requirements of the law or the legislature can change the law. Of course, the DEC could also appeal the decision, which would lead the case to drag on for months longer, if not more. The DEC would only say that it was reviewing the decision.

Governor Hochul took a less ambiguous position on the decision, indicating that she was considering the possibility of pushing the state legislature to change the CLCPA.

NY Renews, a statewide climate justice coalition, spoke out in strong opposition to this possibility. In its words, “changing the climate law would be a massive step in the wrong direction, allowing polluters across New York to proceed with business as usual, unfettered and unchecked, and condemning us to an ever-worsening climate crisis.”

As if on cue, Hurricane Melissa roared through the Caribbean, leaving a trail of death and massive destruction in its wake. One of the strongest hurricanes on record, Melissa slammed into Jamaica on October 28 with winds of 185 mph. Closer to home, New York City suffered extensive flooding and at least two deaths on October 30 as rainfall broke 100-year records and submerged streets and subways.

The message couldn’t be clearer: the climate crisis isn’t going away and, in fact, will only get worse. Those of us who recognize this likelihood must hold the governor and state legislators accountable during the next session beginning in January, making sure that any efforts to weaken the climate law are defeated.

Time to Move Forward on Cap-and-Invest

Last year saw a string of costly extreme weather events fueled by climate change across New York, including record rainfall, flash flooding, and tornadoes in upstate communities. This past August Tropical Storm Debby’s remnants caused flash flooding and widespread damage in the Finger Lakes.

These events altogether caused over $1 billion in damages in New York in 2024. In the face of escalating costs, by implementing a good cap-and-invest system, the state has an important opportunity to bring in much-needed funds to pay for climate damage going forward, while also reducing emissions from major polluters.

New York Air Guard Airmen help clear debris in Rome, NY following tornado in July 2024. The state National Guard activated 60 soldiers and airmen to help clear debris in the city. Courtesy photo by Major Ryan Marquette.

A Strong Cap-and Invest Program Needed

A strong cap-and-invest program will impose limits on the amount of emissions allowed by polluters and charge them to do so. With those funds, New York can more seriously invest in upgrades to homes to make them more energy efficient and run on clean, renewable energy while also boosting our local economy.

These measures will be especially important as residents absorb the costly increases in energy charged by NYSEG and other state utilities.

The Time for Delay is Over

Cap-and-invest is critical to meeting the targets of the state’s Climate Law. It also ensures New York can provide the level of investment necessary to make energy affordable while also boosting our economy.

Done the right way, Gov. Kathy Hochul, the DEC, and NYSERDA can lead New York into a new year that makes corporate polluters pay. At the same time, cap-and-invest could unlock billions of dollars for investments that drive sustainable economic development, increase energy efficiency, improve public health, and direct funds into neighborhoods to support community-led clean energy transitions.

Unfortunately, while draft regulations were originally due to be issued by now, with revenue beginning to flow by later in the year, Gov. Hochul recently announced that draft regulations won’t be issued until the end of 2025, and even then it appears these will only be partial.

Gov. Hochul’s delay in rolling out the program’s regulations ignores the urgency of the moment: the climate emergency has arrived and we must deal with it immediately. By continuing to stall, the governor increases the burden on disadvantaged communities, worsens harmful emissions, and allows polluters to go unchecked.

The governor first promised the cap-and-invest program over two years ago as the foundation of New York’s climate strategy. Now it appears that instead of promised regulations, we will see at least another year of delays. This move is part and parcel of a growing legacy of inaction and broken commitments on the most urgent crisis of our time.

We need leaders in Albany who are willing to take bold, decisive action to cut air pollution and lower greenhouse gas emissions. It is time to push for faster action from Gov. Hochul. Especially with a new administration in Washington actively hostile to climate policy, and with the state’s utility rates skyrocketing, it is critical that the cap-and-invest program be implemented as soon as possible.

In doing so, we can protect the residents of Ithaca and Tompkins County, as well as future generations, from the most harmful effects of the climate crisis.

The Days of Reckoning Are Just Ahead

There’s no need at this stage to press the point that the coming U.S. election will be pivotal, not just in terms of whether our constitutional republic will survive, but also whether we can manage to avoid catastrophic, runaway climate change. Regular readers of this column readily grasp what’s at stake with both of these issues.

A report just released by World Weather Attribution (WWA), an international research group, closely examines how the 10 deadliest weather disasters since 2004, including three tropical cyclones, four heatwaves, two floods and a drought, killed an estimated half million people, and probably many more. It makes for sobering reading and, on the eve of Tuesday’s election, is a reminder that our choices at the ballot box will affect not just this nation but the entire planet.

Flooding in Valencia, Spain. Photo by Eidursson – Own Work licensed under CC BY 4.0.

Role of Fossil Fuels
The WWA study investigates how all of these events were intensified by global warming, which was, in turn, caused by the burning of fossil fuels and deforestation. The main finding is simply put: “with every ton of coal, oil and gas burned, all heatwaves get hotter, and the overwhelming majority of heavy rainfall events, droughts, and tropical cyclones get more intense.” In other words, there is no such thing as a “natural” disaster anymore.

Polluters Must Pay
As if to underscore the truth of this observation, horrific flooding in Spain that claimed at least 158 deaths took place just as the WWA analysis was issued. According to Spain’s national weather service, it rained more in eight hours in Valencia, the hardest hit region, than it had in the preceding 20 months. Imperial College climate scientist Friederike Otto, who helps run the WWA, said it was “very clear that climate change did play a role.”

The flooding in Europe and across the U.S. Southeast this fall also underscores why the effort to hold the fossil fuel industry responsible for the havoc that it has caused is so critical, especially in light of the overwhelming evidence that Big Oil was aware of the potential consequences.

At the federal level, Sen. Chris Van Hollen (D-MD), Rep. Jerry Nadler (D-NY), and Rep. Judy Chu (D-CA) have recently introduced bills in Congress to do so. The Polluters Pay Climate Fund Act would assess companies based on their global carbon dioxide emissions, and it authorizes the U.S. Treasury Department to charge the largest polluters in proportion to their past carbon emissions, in excess of 1 billion metric tons, an estimated $100 billion each for ten years.

Closer to home, the New York Climate Change Superfund Act, still sits on Gov. Kathy Hochul’s desk, awaiting her signature to become state law. Both the General Assembly and State Senate passed the legislation during the last session. Public pressure has mounted on the governor to act, and it’s a certainty that this pressure will increase exponentially after the election.

Under the bill passed by lawmakers, New York would seek to collect about $3 billion a year for the next 25 years, for a total of $75 billion. The state Department of Environmental Conservation would be tasked with identifying the oil and gas companies that should be held responsible for greenhouse gas emissions and it would investigate how much they should each pay the state.

Regardless of the outcome of these events, one thing is for sure: the days of reckoning are upon us, and we each have the obligation as democratic citizens to make our voices heard. If there ever was a time to make sure that we become subjects in history and are not just objects of history, it is now.

How Serious is NY about Its Climate Goals?

There’s something seriously unnerving about the casual way in which Gov. Hochul has acknowledged that New York will probably not meet its 2030 climate targets. The pathbreaking Climate Leadership and Community Protection Act (CLCPA) calls for the state to obtain 70 percent of its electricity from renewable energy by 2030.

joint draft report issued in July by the New York State Energy Research and Development Authority (NYSERDA) and the Public Service Commission (PSC) indicated that the 70 percent renewables target will not be achieved before 2033.

State State Comptroller Thomas DiNapoli and Senate Majority Leader Andrea Stewart-Cousins. NY Senate Photo licensed under CC BY 2.0.

Audit Reveals Flaws
A few weeks after this report, State Comptroller Thomas DiNapoli released a detailed audit criticizing the PSC and NYSERDA for inadequate planning and the use of outdated data. In particular, it said that the PSC had failed to address “all current and emerging issues that could significantly increase electricity demand and lower projected generation.”

Perhaps most disturbing was the audit’s finding that the PSC had overlooked the need to calculate the costs of the transition to renewables or to identify how to cover those costs beyond the tried and true method of dumping them on ratepayers. 

How Committed is the State?
Together these two reports raise major questions about the actual commitment of the state to implementing the 2019 CLCPA. The governor’s reaction to these findings? Oh well, it won’t hurt if we let things slide for a few years. Not surprisingly, state Republican leaders and the business community have taken advantage of the leadership vacuum to attack the climate law and press Hochul to abandon it.

How is it possible for this failure of leadership to take hold during the same summer that global temperatures have been setting new records month after month? In fact, not only was this past July the warmest on record, but it was also the 14th consecutive month of record-high global temperatures. Does anyone see a pattern here?

Cornell professor Robert Howarth, a member of the state’s Climate Action Council, certainly does. The council passed a plan to implement the CLCPA in December 2022, and Howarth is on the front line defending it. “I am appalled at this pushback against the CLCPA by business interests pushing their short-sighted agenda,” Howarth said in an interview with WaterFront. “Climate change is very real. The consequences of climate disruption (floods, droughts, fires, crop failures) are becoming increasing obvious to all.”

Eddie Bautista, executive director of the New York City Environmental Justice Alliance, strongly agrees that stronger leadership is necessary. “In just five short years, we’ve gone from being visionary leaders to not being able to implement our own laws. It’s just insane,” he said recently.

The governor’s reversal on congestion pricing in New York City has environmentalists wondering whether this is part of a larger plan to back away from other elements of the state climate action agenda such as the cap-and-invest plan that would price greenhouse gas emissions. At the very least, it looks likely that the administration will blow past its self-imposed deadline to launch the program in early 2025.

A Simple Step
One step that Hochul could take to restore some degree of confidence in her commitment to climate action would be to sign the Climate Change Superfund Act that is currently sitting on her desk after being passed in June by both the General Assembly and State Senate. This legislation would require oil and gas companies to pay a total of $3 billion a year for 25 years to cover the cost of the climate damage they have inflicted on the state.

The governor has not yet signaled her intention, which leaves a lot of climate activists worried, although some think she might just be waiting until after the election to do so. The pressure on her has been growing throughout the summer and will only continue to increase this fall.

Fossil Free Media, together with the Sunrise Movement, has launched a national billboard campaign in California, New York, Arizona, and Philadelphia, with plans to expand to Florida and Louisiana in September. as part of the effort to build support for the principle that polluters should pay for the mess they have made.

The Make Polluters Pay campaign seeks to hold the fossil fuel industry accountable through legislation, lawsuits, and public pressure. This is exactly the kind of national attention that Hochul wants to avoid, but she better get used to it. Sen. Chris Van Hollen (D-MD) and Rep. Jerry Nadler (D-NY) just announced their intention to introduce federal Polluter Pays bills in Congress. Things are definitely heating up – stay tuned.

Hurricane Beryl, the Supreme Court & Our Troubled Political Landscape

Hurricane Beryl has now become the earliest Category 5 Atlantic hurricane on record as it marches across the Caribbean, wreaking havoc to the Windward Islands. Beryl’s maximum sustained winds have reached close to 160 mph, with higher gusts, according to the National Hurricane Center.

There is strong agreement among scientists that climate breakdown has increased the occurrence of the most intense and destructive tropical storms. Warming oceans, thanks to human-caused climate change, provide more energy to fuel these storms.

Political Will Needed

Ralph Gonsalves, prime minister of St. Vincent and the Grenadines, assailed the lack of political will in the U.S. and Europe to tackle the climate breakdown as Beryl hammered his nation.

“For the major emitters of greenhouse gases, those who contribute most to global warming,” he said, “you are getting a lot of talking, but you are not seeing a lot of action—as in making money available to small-island developing states and other vulnerable countries.

“I am hopeful that what is happening—and we are quite early in the hurricane season—will alert them to our vulnerabilities, our weaknesses and encourage them to honour the commitments they have made on a range of issues, from the Paris accord to the current time.”

The Supreme Court Weighs In

Right on cue, at a time when strong climate action is clearly called for, the U.S. Supreme Court last Friday sharply reined in the power of federal agencies, overturning a forty-year legal precedent known as the Chevron doctrine, which led courts to defer to the expertise of these agencies. As a result, hundreds of environmental and climate regulations promulgated by the Environmental Protection Agency, among others in the executive branch, will be open to legal challenges.

“Rules on water quality, smokestack and tailpipe emissions, biodiversity and the effects of climate change will now be relitigated and reinterpreted by the courts,” noted Richard Martin at GreenBiz.

Closer to home, as this year’s legislative session came to a close last month, Gov. Hochul made the controversial decision to pause congestion pricing in New York City after months of preparation to put it in place. In the ensuing chaos, other bills such as the NY HEAT Act and the Packaging Reduction Act failed to get a proper hearing in the General Assembly.

It was a disheartening display of the fossil fuel industry’s ability to bend state political leaders to its will, in part due to the flood of dollars it’s been handing out this election year.

The one bright light in Albany was the last-minute passage of the Climate Change Superfund Act. As reported above, the bill would charge Big Oil companies a total of $3 billion a year for 25 years to pay for costs associated with the destruction caused by climate change.

The legislation now awaits the governor’s signature. If enacted, New York will join Vermont as the second U.S. state with a law requiring fossil-fuel companies to pick up at least a portion of the tab for the huge damage they’ve knowingly inflicted.

In the face of so much demoralizing news, climate justice and environmental groups across the state will push hard this summer to make sure the governor signs this historic bill. If she does, it will mark a significant step towards holding climate polluters accountable. But don’t count on it; only intense, sustained grassroots pressure can make it happen. So, for the sake of future generations, don’t sit on the sidelines. It’s time to turn up the heat.

NYS Drops the Ball on Climate Legislation

In a breathtaking display of political malpractice, the NYS General Assembly just adjourned the 2023-2024 legislative session in Albany without taking a vote on several crucial pieces of climate legislation.

The final days of the session turned into a brawl to rescue congestion pricing after Gov. Kathy Hochul paused the program just weeks before it was set to begin. As a result, key bills were left by the wayside.

Governor Kathy Hochul. Photo credit: Darren McGee, Office of Governor.

They included the NY HEAT Act, which would stop utilities from automatically charging ratepayers for new gas lines, a measure to reduce plastic packaging, and an expanded bottle deposit law. Both the NY HEAT Act and the Packaging Reduction Act had already passed in the Senate by wide margins, and they had the backing of a majority of co-sponsors in the Assembly, but they never came to a vote.

“This is taking us backwards where we need to be to meet our climate law mandates and to protect people and save them money,” said Liz Moran, a state policy advocate at Earthjustice.

Moran pointed out that NYS lawmakers approved the Climate Leadership and Community Protection Act in 2019, with a goal to reduce greenhouse gas emissions by 85% by 2050. But since then, she said, Democratic leaders in Albany have been unwilling to take the steps needed to actually achieve that goal.

“We will not forget this failure as we struggle with utility shutoffs, high temperatures, and bad air this summer,” said AGREE executive director Jessica Azulay, joining the call for a special session to take up the NY HEAT Act.

The governor’s decision to pause congestion pricing, combined with the failure of the other bills to get a proper hearing in the Assembly, is disconcerting, to say the least. These actions displayed the power of the fossil fuel industry to get its way in Albany, thanks to the flood of dollars it’s handing out in what is an election year.

There was one place where Big Oil failed to get its way, though. In the final hours of the Assembly session—at 3:22 am, to be exact—the Climate Change Superfund Act secured passage.

The bill would charge fossil-fuel companies a total of $3 billion a year for 25 years to pay for costs associated with the destruction caused by climate change.

The Climate Change Superfund Act now lands on Gov. Hochul’s desk, awaiting her signature. If enacted, New York will join Vermont as the second U.S. state with a law requiring fossil-fuel companies to pick up at least a portion of the tab for the huge damage they’ve knowingly inflicted.

There will be tremendous pressure brought to bear, as there should be, by climate justice and environmental groups across the state to make sure the governor signs this historic bill. If she does, it will mark a significant step towards holding climate polluters accountable.

A Failure of Leadership at the Capitol

When the state’s final budget was released earlier this month, not a single major climate bill was included. No Climate Change Superfund Act, no NY HEAT Act, no Stop Climate Polluter Handouts Act.

It was a shocking development in light of the state’s supposed commitment to achieving an 85% reduction in greenhouse gas emissions by 2050. That’s what New York State’s 2019 Climate Leadership and Community Protection Act (CLCPA) requires, but you’d never know it flipping though the pages of this year’s budget book.

The New York State Capitol in Albany. Photo by Craig Fildes licensed under CC BY-NC-ND 2.0 DEED.

The operative word in the title of the CLCPA is “leadership.” It was hard to discern any of that, however, when it came to Gov. Hochul and the legislature, especially the General Assembly. Instead, anxiety about the upcoming elections prevailed and Democrats took the safe way out. It was a sad day in Albany and there was little to celebrate when Earth Day occurred a few days later.

The Fossil Fuel Industry Betrayal

It was bad enough when we found out this past January that the fossil fuel industry had more than enough evidence as early as 1954 to understand the impact of greenhouse gas emissions on the climate. But then word came today, with the release of internal documents, that Big Oil lobbied against climate policies that they claimed to support. The betrayal was complete.

“For decades, the fossil-fuel industry has known about the economic and climate harms of its products,” declared Sen. Sheldon Whitehouse (D-RI) “but [it] has deceived the American public to keep collecting more than $600bn each year in subsidies while raking in record-breaking profits.”

Where Do We Go From Here?

In the context of these larger national events, the fact that oil and gas companies were a major factor in pressuring state legislators to forego climate legislation in this year’s budget is especially galling. All three major bills directly confront the oil and gas firms. The NY HEAT Act seeks to eliminate subsidies for new gas hookups, eliminate the “obligation to serve” gas to neighborhoods, and ensure that no low-income household would pay more than 6% of its income for energy.

The Climate Change Superfund Act holds major oil companies accountable for the harm they inflicted on New York between 2000 and 2018. It would require these companies to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in the state. The program would assess the major fossil fuel emitters $3 billion annually over the span of 25 years to offset the climate damages incurred by the state.

The Stop Climate Polluter Handouts Act aims at paring back the $1.6 billion taxpayers hand out each year to the oil and gas companies in tax subsidies and other breaks. It defies logic that the state continues to provide huge subsidies to an industry that is causing so much destruction. This bill would end the most egregious state subsidies, amounting to $265 million annually.

The fight to secure the passage of these three bills is far from over. Even though the budget has been set, the legislature still has until June 1 to gain their approval. This is clearly the tougher road but climate movement activists across the state, including TCCPI, are gearing up to push even harder over the next four weeks for this legislation to become law. It’s time to roll up our sleeves and get to work!