TEAM R11 (Draft)
docx
keyboard_arrow_up
School
University of California, Irvine *
*We aren’t endorsed by this school
Course
292
Subject
Political Science
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by JusticeDiscovery15768
MEMORANDUM
TO: Kathy Hochul, Governor of the State of New York
FROM:
Staff Analyst
DATE:
July 8, 2023
RE:
New York State Budget Reducing Reliance on Fossil Fuels
Issue:
Is the ban of natural gas in the state of New York constitutional?
Rule:
To determine if the ban of natural gas in the state of New York is constitutional, it must
not be a private action or violate the 1st, 5th, or 14th Amendments.
Analysis:
1. Issue:
Is there government action to the banning of natural gas in the state of New York?
Rule:
For the law to be constitutional, it must not be a private action or regulation.
Analysis:
Per the memorandum shared with us by Governor Kathy Hochul of the State of
New York, we believe there is strong government action enacted in this Provision that
helps enforce its constitutionality. The government’s action has a clear objective where it
aims to reduce dependence on fossil fuels, promote renewable energy sources, and
address building emissions’ impact on greenhouse gasses. The Provision originated in
part from statistics shared by the New York State Energy Research and Development
Authority that states “the contribution of building emissions to the state’s greenhouse gas
emissions, account for about 30% [of New York’s greenhouse gas emission]”. The
Provision’s intent to transition to a cleaner emission program aligns with the
government’s action to address harmful gas emissions from natural gas stoves which
cause health concerns. In addition, the state has provided clear effective dates and
highlighted required specifications and alternatives. It states, “Effective as of January 1,
2026, all new-construction buildings less than seven stories can no longer utilize
equipment and building systems based on fossil fuels. The requirement for taller
buildings takes effect on January 1, 2029.” The alternatives shared in place of fossil fuels
include heat pumps, geothermal systems, and electrical appliances. Exceptions were also
provided in detail incorporating practical limitations and considerations.
Conclusion:
Overall, this Provision provides a clear indication of government action
through the reduction of greenhouse gas emissions and the protection of public health for
the general population.
2. Issue:
Is the ban of natural gas in the state of New York a violation of the First Amendment of the US Constitution?
Rule:
When deciding whether the ban of natural gas is a violation of free speech, fully
protected speech must produce an imminent lawless action, limited protected speech must
be false or misleading, or unprotected speech must be obscene, dangerous, or defamatory.
Analysis:
The discussion of the ban of natural gas is not a fully protected speech because
there are no discussions of politics. In Texas v. Johnson, SCOTUS determined that
burning a flag was political speech. Here, there is no political action or debate when
discussing the switch from natural gas to all electric. There is also no limited protected
speech that is false or misleading nor any unprotected speech that is obscene, dangerous,
or defamatory.
1
Conclusion:
Banning natural gas in the state of New York is not a violation of free
speech, therefore, the free speech standards are satisfied.
3. Issue:
Is the ban of natural gas in the state of New York a violation of the Procedural Due Process within the Fifth Amendment of the US Constitution?
Rule:
When determining whether the Procedural Due Process within the Fifth
Amendment was violated, it must take away the liberty or property without proper notice
and a hearing.
Analysis:
The Provision provides concise dates in which the installation of fossil-fuel
equipment and building systems will be prohibited for buildings seven stories in height or
less and for buildings eight stories in height or more. These dates can be considered
notice
for any builder, contractor, or other individual or corporation involved in the
construction of a new building. Furthermore, the dates allow time for opponents of the
Provision to request hearings
, amendments, or other related information or requests
related to the Provision. Conclusion:
The provision provides notice and hearing and therefore satisfies the needs
of procedural due process.
4. Issue:
Is the ban of natural gas in the state of New York a violation of the Substantive
Due Process within the Fifth Amendment of the US Constitution?
Rule:
This concept derived from the 5th Amendment prohibits the government from depriving individuals of their fundamental rights without a legitimate reason. We must consider factors such as fundamental rights, and balancing test to determine if the process
has been satisfied.
Analysis:
Although the ban of natural gas in New York may potentially impact various rights such as property rights and the rights of contract for business owners and the owners of the building with gas piping, we think the purpose of ban of natural gas in New
York still satisfies substantive due process because it does not guarantee absolute protection of rights and allows the government to regulate them to serve important public interests. By examining factors such as government interests and we found that the ban may bring a positive impact on illnesses such as childhood asthma and reducing greenhouse gasses emitted by gas appliances.
Conclusion:
As the ban of natural gas does not strip individuals from their fundamental rights, it can be said that the ban does not violate the Substantive Due Process within the Fifth Amendment of the US Constitution.
5. Issue:
Is the ban of natural gas in the state of New York a violation of the Fourteenth Amendment of the US Constitution?
Rule: The Fourteenth Amendment provides that “No State shall … deny to any person within its jurisdiction the equal protection of the laws.” This is the Equal Protection Clause, and it means that governments must treat people equally.
Analysis:
The Provision to transition New York residents away from the use of fossil fuels in all newly constructed buildings does not discriminate against any race, ethnicity or infringe upon any fundamental right. Additionally, it does not discriminate against a protected class or create hardship on individuals in an economic or social class. Furthermore, to address opponents who argue the Provision will result in higher utility costs, thus discriminating against an economic class, research concluded that single-family homes would spend $904 less annually.
Conclusion:
As contained in this memorandum, the rights of all protected classes are not 2
being taken away by transitioning away from fossil fuels in New York homes.
Conclusion:
As the ban of natural gas is not a private action and does not violate the 1st, 5th, or
14th Amendment of the U.S. Constitution, it can be concluded that the ban of natural gas is
constitutional.
3
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help