Five years ago, New York City celebrated Earth Day in the Empire State by filing a climate lawsuit against major oil and gas companies, a Hail Mary attempt after the state was dealt three defeats prior to the 2021 filing.

Fast forward to today when the nationwide climate litigation campaign is stumbling along and affordability is top of mind for consumers, 2026 New York is running far away from its 2021 self. Instead, the state’s leaders are sounding the alarm about its self-inflicted affordability crisis and scrambling to retract the policies that caused the current dire situation. Most notably, Governor Kathy Hochul has recently been pursuing plans to roll back the state’s landmark 2019 climate law over affordability concerns.

And yet Governor Hochul can’t seem to pick a side. It’s no secret that New York is facing an energy crisis – a fact the governor acknowledged in her budget rally earlier this month. But when asked for a statement on a recent lawsuit filed against the state over its ban on fracking, her administration made it clear that they still aren’t ready to own their share of the blame in driving up costs. As Politico reports:

“’We do not comment on pending litigation, but Governor Hochul’s opposition to fracking has been very clear,’ said Ken Lovett, a spokesperson for the governor.” (emphasis added).

So, which is it? Can the governor stay quiet about the state’s destructive fracking ban while pretending to care about affordability? If the state wants to see real improvement in its sky-high costs, its leaders could try producing energy instead of shifting the goalposts on aspirational climate targets.

Affordability Slams The Door on Climate Agendas

Gov. Hochul has finally woken up to the reality of what a decade of anti-energy policies can do to a state. Her recent assessment of the 2019 climate law is one rightfully focused on affordability, as she  emphasized in recent comments:

“Back in 2019, there were very ambitious goals, important goals, worthy goals to do what we can in the state of New York to deal with the climate crisis which we’re feeling the effects of now. But there were so many unforeseen factors…there’s going to be enormous costs.” (Emphasis added)

Gov. Hochul has surprisingly stayed true to her goal and has officially moved to alter and delay implementation of the law, with proposed adjustments including delaying the regulations for enforcement of the law until 2030.

New York Can’t Leave its Anti-Energy History Behind

While Hochul seems to be turning a new leaf with the 2019 climate law, it is obvious that New York is not looking to make peace with the oil and gas industry.

With a record of antagonism towards the energy industry, from banning high volume hydraulic fracturing in 2014 to blocking a number of critical pipelines to announcing plans to ban natural gas in buildings in 2023, New York has been nothing short of creative when it comes to its campaign against producing, transporting, and using oil and natural gas.

In 2024, it adopted the Climate Superfund Act, yet another misguided way to force financial liability onto energy companies for alleged climate-related damages. These superfund bills are facing opposition in numerous states, and, in New York, legal opposition from the U.S. Department of Justice.

And yet, New York refuses to back down from its losing fight. With loss after loss in the climate litigation arena and the climate superfund bill stuck in court, legislators have introduced a new bill that would allow insurance companies to pursue climate-related claims against oil companies, which would only put upward pressure on costly home insurance premiums.

New York’s continued attempts to force financial burdens and liability onto energy companies miss the mark. The state’s consumers are suffering the costs of years of anti-energy policies, and continuing to attack the energy industry is far from the right answer.

Bottom Line: This year’s Earth Day looks a little different for the Empire State. The Governor can’t decide if she wants to prioritize misguided climate policies or affordability, and with midterms approaching, time is running low. There is a logical solution to bringing down high energy costs: enable new energy production and the build-out of pipelines, and halt trying to add new penalties and liability that don’t actually help lower prices. Only time will tell which path Governor Hochul will take.