Description: Challenge to New York City's law establishing carbon emission caps for existing buildings.
Glen Oaks Village Owners Inc. v. City of New York
Filing Date Type File Action Taken Summary 05/18/2022 Complaint Download Complaint filed. Lawsuit Challenged New York City Caps on Carbon Emissions from Buildings. Two New York City co-ops, two shareholders and residents of the co-ops, and the owner of a mixed-use rental building filed a lawsuit in New York Supreme Court alleging that the City’s Local Law 97—which establishes carbon emission caps for existing buildings—was preempted by New York State’s Climate Leadership and Community Protection Act (CLCPA) and unconstitutional. The plaintiffs claimed that by “set[ting] ambitious targets for the reduction of greenhouse gas emissions statewide and lay[ing] out a clear and all-encompassing plan” for meeting those targets, the CLCPA fully occupied the field of regulating greenhouse gas emissions and preempted Local Law 97 in its entirety. The complaint also asserted that Local Law 97’s “excessive ‘penalties’” violated due process, that the law was unconstitutionally retroactive, that it was impermissibly vague and ambiguous in violation of due process, and that it was in effect an unauthorized and improper tax on greenhouse gas emissions.