Judge Says Kathy Hochul is Breaking State Law

Environmental advocates are sharply criticizing Governor Kathy Hochul’s response after a judge found that New York is in violation of its signature climate law and ordered the state to issue regulations to cut emissions.

In the ruling, a state court determined the Climate Leadership and Community Protection Act (CLCPA) requires the state’s Department of Environmental Conservation (DEC) to issue rules by February 6, 2026, after acknowledging it has missed its deadline.

When asked about the ruling, Hochul said:

“I also have to make sure that people can afford the utility rates. Affordability is one of my top priorities. But I also need to be able to attract major economic development projects that create thousands of jobs that New Yorkers need," she said. “But the judge’s decision — we differ. I don’t think he has factored in a dramatic change in circumstances, such as the fact that the Trump administration has literally cut off all the subsidies that industries have been counting on to go forth with wind and solar and other renewables.”

Progressive environmental groups view her remarks as emblematic of how she has strayed from her base. As one leader put it:

“Nobody wants to argue for higher costs for anybody, but we have seen even the head of the governor's own [Public Service Commission] recently say that the reason for higher energy costs and things are not due to the provisions of the climate law. It is not due to certain difficult circumstances with renewable energy,” said Vanessa Fajans‑Turner, Executive Director of Environmental Advocates NY.

Meanwhile, Hochul is facing increased backlash for backing pipeline projects that appear to contradict the state’s climate goals. Reports reveal her administration is advancing previously rejected fossil-fuel infrastructure, including the Northeast Supply Enhancement pipeline (NESE) and the Constitution Pipeline.

Critics say the pipelines – historically denied over water-quality and environmental concerns – are being revived under Hochul’s oversight, in what amounts to a “betrayal” of progressive environmental priorities.

Hochul has denied making a deal with federal officials, but her actions have nonetheless fueled concern within her party. Forty New York Democratic legislators signed a letter urging her to reject the pipeline proposals outright.

Hochul announced her administration will appeal and explore legislative amendments rather than immediately issuing the required rules.

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Judge Says Kathy Hochul is Breaking State Law