BRIEF OF STEVEN ENGLEBRIGHT, LEAD ASSEMBLY SPONSOR FOR THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND NONPROFIT ORGANIZATIONS IN SUPPORT OF DEFENDANTS-APPELLANTS

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The brief, submitted by the lead Assembly sponsor of the CLCPA and several nonprofit organizations, contends that the CLCPA was designed to work in tandem with local climate actions rather than replace them. It argues that there is no legislative intent for the state to occupy the entire field of climate regulation and that the state has explicitly relied on Local Law 97 to meet its own emissions targets. The authors warn that a ruling of preemption would stifle local innovation and jeopardize New York's ability to meet its 2030 and 2050 greenhouse gas reduction mandates.

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  • The CLCPA was not intended to occupy the field of climate regulation or preempt local measures; instead, it serves as a framework and roadmap for future action across various levels of government.
  • The CLCPA's savings clause explicitly preserves the validity of local laws by stating that the act does not relieve parties of obligations under other applicable local laws.
  • New York State legislators and agencies have actively relied on Local Law 97 as a critical component for achieving the state's overall emissions reduction goals.
  • State legislators specifically opposed a 2021 executive budget measure that would have weakened Local Law 97, demonstrating their belief that the CLCPA did not preempt the city's law.
  • Local Law 97 is highly significant to state targets because New York City's emissions account for 25% of the state's total, and the large buildings regulated by the law represent approximately 6% of overall state emissions.
  • A court ruling that the CLCPA preempts local laws would likely halt New York City's most impactful climate actions and create a chilling effect on municipal innovation across the state.

Cite the original document

APA
Earthjustice (2025). BRIEF OF STEVEN ENGLEBRIGHT, LEAD ASSEMBLY SPONSOR FOR THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND NONPROFIT ORGANIZATIONS IN SUPPORT OF DEFENDANTS-APPELLANTS. https://earthjustice.org/wp-content/uploads/2025/05/01.02.2025_final_brief.pdf
Chicago
Earthjustice. BRIEF OF STEVEN ENGLEBRIGHT, LEAD ASSEMBLY SPONSOR FOR THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND NONPROFIT ORGANIZATIONS IN SUPPORT OF DEFENDANTS-APPELLANTS. 2025. https://earthjustice.org/wp-content/uploads/2025/05/01.02.2025_final_brief.pdf.
Wikipedia
{{cite report |author=Earthjustice |title=BRIEF OF STEVEN ENGLEBRIGHT, LEAD ASSEMBLY SPONSOR FOR THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND NONPROFIT ORGANIZATIONS IN SUPPORT OF DEFENDANTS-APPELLANTS |date=2 January 2025 |url=https://earthjustice.org/wp-content/uploads/2025/05/01.02.2025_final_brief.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{earthjustice2025brief, author = {{Earthjustice}}, title = {{BRIEF OF STEVEN ENGLEBRIGHT, LEAD ASSEMBLY SPONSOR FOR THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND NONPROFIT ORGANIZATIONS IN SUPPORT OF DEFENDANTS-APPELLANTS}}, institution = {Earthjustice}, year = {2025}, month = jan, url = {https://earthjustice.org/wp-content/uploads/2025/05/01.02.2025_final_brief.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }

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