Upstate United Responds to Latest Court Ruling on Climate Act Regulations

October 27th, 2025

The following statement can be attributed to Justin Wilcox, Executive Director of Upstate United

“Last week’s ruling by New York State Supreme Court Justice Julian Schreibman affirmed what we already knew – New York is violating its climate law. The state now faces a stark choice: either implement the overdue Cap and Invest regulations or amend the Climate Leadership and Community Protection Act (CLCPA) in a manner that ensures New Yorkers have access to affordable and reliable power. Upstate United believes the choice is clear: New York’s leaders must act swiftly to amend the law. Implementation of Cap and Invest, in the state’s own words, before the court, ‘would require imposing extraordinary and damaging costs upon New Yorkers.’ The Department of Environmental Conservation also reasoned before the court that ‘the 2030 goal itself is not practically feasible due to costs consumers simply cannot bear.’

“Any decision to kick the can down the road that does not address the inherent affordability problems created by the CLCPA will only continue to increase costs, prolong uncertainty and deter investment in New York.”