Another week, another defeat for New York’s climate lawfare campaign.
The New York Supreme Court’s First Appellate Division ruled in favor of the energy industry this week, rejecting New York City’s claims that the companies deceived the public through their gasoline advertising and marketing.
The appellate justices didn’t mince words:
“Not even the least sophisticated consumer could be led to believe that, by using the advertised gasoline products, he or she would be able to drive a vehicle without producing a significant amount of emissions.” (emphasis added)
The court even compared the City’s arguments to a rejected lawsuit claiming Diet Coke advertising misled consumers into believing the soda would help them lose weight, calling the City’s allegations equally “implausible.”
The decision upheld a January 2025 ruling dismissing the City’s lawsuit. In that ruling, the court thoroughly criticized the City, saying:
“The City cannot have it both ways by, on one hand, asserting that consumers are aware of and commercially sensitive to the fact that fossil fuels cause climate change, and, on the other hand, that the same consumers are being duped by Defendants’ failure to disclose that their fossil fuel products emit greenhouse gases that contribute to climate change.” (emphasis added)
In other words, the City can’t argue that consumers know fossil fuels contribute to climate change while simultaneously claiming those same consumers are being deceived about it.
Hey, I’m Suin’ Here!
For a state that’s spent years trying to make a handful of American energy companies pay for the global effects of climate change, New York has remarkably little to show for it.
In fact, its climate litigation record is so bad, it makes even the Jets look good. Here’s a quick look at New York’s losing streak:
Five major courtroom battles. Five setbacks. And still no sign that New York is ready to abandon its climate lawfare playbook.
But, hey, New York, don’t be down. Maybe the sixth time’s the charm?
Leaving Oil and Gas? Fuhgettaboutit
New York’s climate agenda isn’t just running into trouble in court. It’s also running headfirst into the realities of energy affordability.
After years of pursuing aggressive climate mandates, Governor Kathy Hochul has been forced to scale back key provisions of the state’s landmark Climate Leadership and Community Protection Act, as concerns mount over the potential costs to New Yorkers.
Those concerns aren’t coming out of nowhere.
A state-issued memo found that, without policy changes, New York City households using natural gas could face ~$2,300 in additional costs annually under the law’s original framework.
Even before Hochul’s rollbacks, New York had fallen behind on implementing measures to meet its 2030 emissions targets. Meanwhile, the governor has expressed willingness to advance two gas pipelines in the state, in a shift to an “all-of-the-above” approach to energy.
The irony is hard to miss. While New York City keeps trying to hold energy companies liable for their products, state leaders are recognizing that New Yorkers still need the affordable, reliable energy those companies help provide.
Bottom Line: New York has spent years pursuing energy companies through the courts, only to see its legal arguments rejected again and again. Now, rising affordability concerns are forcing state leaders to reconsider some of their most aggressive climate policies. Maybe it’s finally time for the city that never sleeps to put its climate lawfare campaign to bed.
