CLCPA: What Happens if NY Fails to Meet Its Climate Law?

The Climate Leadership and Community Protection Act (CLCPA), passed in 2019, is one of the most ambitious climate laws in the country.

It legally obligates New York to reduce greenhouse gas emissions 40% by 2030 (from 1990 levels), achieve 85% emissions reductions by 2050, reach 100% zero-emissions electricity by 2040, and more.

But under most milestones, we’re falling behind. (Click here to learn more about CLCPA and how we’re doing.) So what happens when the state drags its feet, delays key policies, or allows industry influence to water down action?

If the state won’t take action voluntarily, New Yorkers will fight in court to enforce it. Residents and groups can sue the state for failing to comply, and courts can compel state agencies to act. This kind of climate litigation has precedent:

Lawsuits in New York

In 2024, a coalition including Earthjustice, NY Renews members, and environmental justice advocates filed suit against the state for:

  • Delays in the Cap-and-Invest program, a key tool for regulating pollution and raising climate revenue

  • Insufficient action from state agencies in adopting rules aligned with the Scoping Plan

  • Failure to meet equity targets outlined in the CLCPA

The case argues that these failures violate the law’s mandates and risk irreparable harm to New Yorkers, especially those already on the frontlines of the climate crisis. The outcome depends on how the courts interpret the CLCPA, such as the clarity of its deadlines, agency public records of inaction or delay, and the disproportionate harms to “disadvantaged communities,” a term described in the law.

While the legal path is challenging, precedent is growing. And the lawsuits themselves are powerful tools for public accountability.

Previous
Previous

Cap-and-Invest: Penalizing Polluters to Bring Down GHGs

Next
Next

Decide which public space