Opportunities for citizen lobbying at the state level have been disappearing these past eighteen months. Our legislators are willing to meet with us, both in person and on Zoom. They are not the issue. The issue for climate activists is that the Fossil Fuel Industry has discovered a significant weakness in the State Government and has shifted many of its lobby resources to exploit this unguarded terrain.
When the legislature passes an environmental bill and the governor signs it into law, the law is sent to the NYS agency for the next step. For the CLCPA, a commission was formed by the governor to direct the regulatory process. In these steps, the law is transformed into a series of policies and regulations that are concrete and enforceable. Normally, the civil servants at the Department of Environmental Conservation (DEC) go about the business of drafting regulations with a mundane regularity that exemplifies the bureaucratic process. Nothing is normal anymore.
The regulatory process at the State level has become a battleground. The governor chooses her directors of the agencies like her predecessors before her, but she also stays fully engaged in the regulations writing process. The governor has taken control of the regulatory process from the civil servants with expertise and is dictating what these regulations will do.
Governor Hochul, unwilling to release any regulations contrary to the wishes of the Fossil Fuel industry, has first used the tactic of delaying the release of the regulations. She was taken to court by environmental organizations and lost. The court ordered her to meet the deadlines and release the regulations.
Her next tactic has been to release some/a few/as few as possible regulations for review. This slow trickle in no manner satisfies the court order. However, we must go back to court and argue the case again to force her cooperation. We must demonstrate to the court her attempt to subvert the court order.
All of this frustrating development is beyond the typical lobby process of volunteer organizations and citizen lobbyists. Having approached Senator Harckham’s (chair of the Environmental Conservation Committee) office on behalf of a lake community in his district, his staff was limited in what they could do to help. The roadblock was a regulatory agency acting in its most conservative and defensive manner. The most the legislative staff could do was facilitate a meeting with agency staff.
The Fossil Fuel Industry has found a way to subvert our voices and our concerns by exerting undue influence over the regulatory writing process. The industry has the blessing of the governor to do so. Pushing back on the corruption of regulation writing is a highly technical process that requires expertise in law, climate science, and environmental engineering. Most organizations do not have such experts on staff. These are not volunteer type positions.
The most effective response is to attack Governor Hochul’s responses by making them public and embarrassing her. This approach of advocacy means showing up to events and protesting her. At one point in 2018, NYRenews staff and volunteers rented canoes and went out on the Peconic Bay to protest Governor Cuomo with banners in front of a house where he was holding a campaign fundraiser. This “in your face” protest is probably the best use of our resources.
Nonetheless, most of these aggressive tactics are outside many people’s comfort zone. A full tank of chutzpah is most helpful. In a coalition retreat a few years ago, we determined that the under-32 activists favored these aggressive tactics while the over-65 activists preferred lobbying, with some exceptions.
There will be a few bills to stand behind this coming legislative session, but the battle royale will be wresting the regulatory process out of the governor’s office and back onto the civil servants’ desks.
