NYLPI and Coalition Partners’ Comments on Draft DEP 23-1 / Permitting and Disadvantaged Communities

Climate and Energy Justice, Disability Justice, Environmental Justice, Health Justice, News

December 18, 2023 

New York State Department of Environmental Conservation
Division Environmental Permits
625 Broadway
Albany, NY 12233-3254

Re: Comments on Draft DEP 23-1/Permitting and Disadvantaged Communities

Dear Commissioner Seggos and Director Whitehead,  

WE ACT for Environmental Justice, South Bronx Unite, Earthjustice, New York Lawyers  for the Public Interest, along with the other undersigned organizations submit the following comments on the Draft DEC Program Policy DEP 23-1 regarding Permitting and Disadvantaged  Communities. We thank DEC for a thoughtful approach to this essential policy guidance and  appreciate the opportunity to comment on the draft. While we endorse many aspects of the draft  policy, there are several important elements that must be revised to ensure DEC permitting  decisions fully comply with Section 7(3) of the New York Climate Leadership and Community  Protection Act (“CLCPA”). DEC must revise the policy to: (1) include renewal permits that  allow continued emissions of greenhouse gases (“GHGs”) and co-pollutants, even if there is no  increase from the permitted activity’s existing emissions levels; (2) provide additional guidance  about when disproportionate burden reports are necessary and what data can be used for those  reports; (3) ensure more opportunities for robust public participation; and (4) add guardrails for  project design measures listed in the draft policy to ensure they adequately remediate burdens. 

Download the full letter below.


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