Advocates Call for NY Lawmakers to Lead on Climate, Pass NY HEAT Act As SCOTUS Overturns Chevron Doctrine

Supreme Court's decision could affect EPA's ability to effectively fight climate change, highlighting need for state lawmakers to step up and act; Gov. Hochul and Assembly have opportunity to lead nation by passing NY HEAT Act, which would help kickstart transition towards greener future while prioritizing energy affordability

ALBANY, NY (06/28/2024) (readMedia)-- Today, the Supreme Court voted to overturn the Chevron Doctrine, as established in Chevron v. Natural Resources Defense Council, which for more than forty years has provided deference to federal agencies to implement laws passed by Congress. The ruling will embolden potential challenges to policies enacted by federal agencies including the EPA, making the need for state action even clearer. In response, advocates renewed their call on Governor Hochul and state lawmakers to lead on climate and pass the NY HEAT Act.

"The Supreme Court overruling the Chevron doctrine is a tremendous threat to our ability to protect people against climate change – right after a heat dome just blanketed the entire country. It's all the more reason why we need Governor Hochul, who has touted herself as a national and global climate leader, to actually stand up for our Climate Law. That means coming back to the table and getting the NY HEAT Act done NOW," said Liz Moran, New York Policy Advocate at Earthjustice.

"This ruling will undermine the ability of federal agencies to carry out their fundamental task of issuing and implementing regulations based on congressional statues, which means we will have to increasingly rely on state laws to regulate pollution and other threats to public health. That is why we need Governor Hochul and the State Assembly to pass critical legislation like the NY HEAT Act, to address the energy affordability crisis in our state and better facilitate our transition to renewable energy," said Annie Carforo, Climate Justice Campaign Manager at WE ACT for Environmental Justice.

Background

The Chevron Doctrine, which the Supreme Court overturned today, gave federal agencies space to effectively implement and execute laws as directed by Congress, including addressing the climate crisis affecting families across the county. According to The New York Times, the Court's decision could potentially eliminate "hundreds of E.P.A. rules aimed at limiting air and water pollution, protecting people from toxic chemicals and, especially, tackling climate change."

The NY HEAT Act will help carry out the intentions of New York's Climate Law, stopping the expansion of New York's outdated and dangerous fracked gas system. The bill gets rid of the 100-foot rule, which forces New York families to pay $200 million every year to subsidize new gas hookups, and amends the obligation to serve fracked gas. The bill would allow utilities to provide cheaper and clean heating alternatives at no additional cost to customers – a win-win for New Yorkers and the environment.

Earlier this month, Senator Liz Krueger, Chair of the Senate Finance Committee and Senate sponsor of the NY HEAT Act, told New York Magazine that Gov. Hochul's congestion pricing decision killed the nearly-finished negotiations on the NY HEAT Act between the Senate, Assembly and Executive. In response, a coalition of environmental organizations including WE ACT for Environmental Justice, Earthjustice, and the Alliance for a Green Economy (AGREE) called for Albany lawmakers to return for a special climate session and pass the NY HEAT Act.

Despite lawmakers' failure to pass the bill, the NY HEAT Act has support across the legislature. Governor Hochul embraced key parts of the NY HEAT Act in her Executive Budget proposal, the Senate passed the bill twice, and the bill has support from a majority of Assemblymembers.