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January 18, 2024

New York Law Journal: "Implementation of New York's Climate Act: Disadvantaged Communities"

Yvonne Hennessey, Environmental Practice Area chair at Barclay Damon and New York State Bar Association Environmental and Energy Law Section (EELS) chair, had her “Implementation of New York’s Climate Act: Disadvantaged Communities” article published by the New York Law Journal. The article explores the various acronyms associated with environmental and energy law, specifically disadvantaged communities (DACs). 

In her article, Yvonne noted that New York State’s Climate Leadership and Community Protection Act (CLCPA) “recognized that climate change does not affect all communities equally. It therefore required the development of criteria to identify DACs but also to ensure that otherwise underserved communities and those historically disproportionately burdened will benefit from the state’s historic transition to cleaner energy sources, reduced air pollution, and economic opportunities.”

About knowing how to prioritize DACs, Yvonne wrote, “. . . on September 27, 2023, the DEC issued draft guidance describing the procedures the agency proposes to follow when reviewing conformance with the requirements of CLCPA Section 7(3). This process includes screening for DACs when evaluating permits as well as how to determine and avoid or lessen any disproportionate burden on a DAC.”

Members of the EELS “that have diverse collective expertise in environmental and energy law and the complex issues that have historically affected disadvantaged communities in the state as a result of greenhouse gas and co-pollutant air emissions” joined together with the shared mission of implementing the CLCPA in a just, equitable, and sustainable fashion. 

New York Law Journal subscribers can read the full article here.


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