Yvonne Hennessey, Environmental Practice Area chair, was featured in the Law360 article “Why NY’s Flagship Climate Law Is on the Rocks” about New York’s landmark climate law, the Climate Leadership and Community Protection Act (CLCPA), which is facing a potential reset that could directly affect businesses, energy costs, and regulatory timelines. New York State Governor Kathy Hochul has proposed delaying deadlines, revising emissions targets, and changing how emissions are measured—moves she says are necessary to avoid significant cost burdens. This signals continued uncertainty around compliance obligations, potential delays in new regulations, and a shifting policy landscape that may impact long-term planning and investments tied to energy use and sustainability.
Critics argue these challenges were foreseeable. Yvonne noted the CLCPA was “a very ambitious law to begin with,” adding that “we were going to get to a point that these goals were not going to be achievable in the time frame set, and certainly not in an economic manner.”
At the same time, ongoing litigation and potential backroom negotiations between the state and environmental groups create additional risk. Yvonne cautioned that any settlement reached without broader stakeholder input could have sweeping consequences. “I don’t believe the rest of the interested stakeholders believe it’s appropriate for the environmental groups and the state to settle a state requirement, decide what a law requires or how it will be implemented behind closed doors with no input on that,” she said. “I can tell you from my perspective as an energy lawyer, I have a lot of arguments that we might challenge something like that if that was to happen behind closed doors, because whatever they agree to will impact everybody else who is not a part of those discussions.”
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