climate

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

/ Peter Bardaglio / Leave a comment

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 Tackle Methane Emissions from Landfills

/ Peter Bardaglio / Leave a comment

The following is an expanded and revised version of a piece published in the Ithaca Times in June.

When it comes to fighting climate change, it’s hardly news that time is growing short. What is news, however, is the fact that methane is our best way to buy more time.

A groundbreaking new study using aircraft-based emissions monitoring equipment just confirmed that landfills are the largest source of methane in New York State. Researchers flew over more than 100 waste sites, power plants, and farms, measuring real-time emissions. What they found was staggering: landfills were emitting methane at levels dramatically higher than state and federal estimates.

Methane Emissions Need to be Cut

A garbage scow at Fresh Kills Land Fill on Staten Island. Photo by R36 Coach licensed under CC BY 2.0.

In fact, Seneca Meadows, the biggest emitter of any landfill in the state, was more than four times higher than previously reported.

So what’s the big deal? It’s this: methane is over 80 times more potent than carbon dioxide over a 20-year period. So cutting it is one of the fastest ways to slow global warming.

Makes sense, right? But, frustratingly enough, New York is dragging its heels, continuing to delay action on this vital issue.

Time to Put Rules in Place

Despite passing the Climate Leadership and Community Protection Act in 2019, our state still lacks enforceable methane rules for landfills. That’s unacceptable; more than enough time has occurred to put such rules in place.

The Department of Environmental Conservation (DEC) itself identified this problem in the 2023 Solid Waste Management Plan, which committed to minimizing landfill greenhouse gas emissions through updating regulations and deploying effective monitoring technology. Yet more than two years later, no rulemaking has begun. Further delay hampers New York State’s ability to meet the goals set out in the state’s Climate Law and is a missed opportunity to protect overburdened communities.

Methane by itself is bad enough, but we know methane doesn’t travel alone. It comes with toxic co-pollutants like benzene and other volatile organic compounds (VOCs) that contribute to poor air quality and respiratory illness, especially for the low-income and Black and brown communities disproportionately living near landfills.

States like California and Colorado are already implementing strong landfill methane regulations. This spring, California launched a first-in-the-nation satellite program to track large methane leaks, and Colorado just released what could become the country’s most effective landfill methane standard. The proposed rule, if enacted, would require Colorado landfills to manage their emissions by installing a gas collection and control system. In addition, they would also have to phase out open flares (systems that burn methane gas into the open air) and instead use enclosed systems that more effectively control pollution.

The benefits of taking action are too great to be ignored. Strong rules would deliver significant public health, climate, and economic gains. By contrast, the price of inaction is steep—rising health care costs and worsening climate impacts that New Yorkers cannot afford. New York must get on board with these critical efforts to fight for climate and environmental justice. The Department of Environmental Conservation must initiate rulemaking now. The need for action has never been clearer.