Recent Court Ruling Shines Light on Regulatory Inaction on CLCPA

June 18th, 2024

A statement from Justin Wilcox, Executive Director of Upstate United 

“Since the passage of the Climate Leadership and Community Protection Act (CLCPA) in 2019, the Public Service Commission (PSC) has been assigned the nearly impossible and unenviable task of developing a program to require that the statewide electrical demand system be ‘zero emissions’ by 2040. Reversing course on unaffordable climate mandates, and missing deadlines has become par for the course in New York State. Not surprisingly, a recent federal appeals court ruling pointed to the PSC’s failure to meet the June 30, 2021 deadline required by the CLCPA to develop that program and the corresponding regulations. Yet, New Yorkers have been forced to pay tens of billions of dollars to date with no end in sight and for seemingly unattainable targets. 

“Arguing that the CLCPA doesn’t require fossil fuel plants to close in 2040 may be technically true but it rings hollow.  This ruling lays bare the tremendous costs anticipated for implementing the CLCPA, while also shining a light on regulators’ inability to meet their requirements under the ambitious 2040 timeline.

“As time and deadlines pass and projects fall by the wayside, we need to ask serious questions of policymakers in Albany about the impact of the CLCPA on affordability and reliability, before it’s too late.”

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