A state appellate court ruled that NYC's Local Law 97, regulating carbon emissions, may conflict with the state Climate Leadership Act, reviving a lawsuit from two co-op complexes in Queens.
The court highlighted the differences in remediation methods between the two laws and the imposition of penalties by Local Law 97, not present in the state statute.
The conflict centers on whether Local Law 97 unduly burdens middle-class homeowners with penalties, leading to a closer examination of preemption between the city and state laws.
The case is set to return to the trial court level, with uncertainty on whether the city's Law Department will appeal the ruling or how the Adams administration will respond.
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