State court revives suit to overturn Local Law 97 on appeal, potentially imperiling landmark climate law

A state appellate court revived a lawsuit seeking to overturn New York City’s Local Law 97, potentially imperiling the city’s landmark statute regulating large buildings’ carbon emissions.

The New York state Supreme Court’s First Appellate Division ruled on May 16 that city lawyers hadn’t proven the 2019 law — which requires the city’s largest buildings to meet strict new emissions limits — is not preempted by the state’s own overarching climate statute, the Climate Leadership and Community Protection Act (CLCPA). The ruling was first reported Thursday by Crain’s New York Business.