NY Climate Law Preemption Dispute Raises Discovery Questions

Judges on New York’s highest court balked at an unusual suggestion that legislators be deposed on their intent for the state’s climate law to preempt a New York City law on greenhouse gas emissions from large buildings.

“In all honesty, the proposed discovery you just laid out here—not only does it seem highly irregular, I don’t know how that would answer the operative question we have to answer,” New York Court of Appeals Associate Judge Anthony Cannataro said during oral arguments Tuesday.

The building owners who oppose the city law have shown they’re “entitled to develop that factual record,” which ...