The number of court decisions upholding building decarbonization laws against federal preemption challenges is growing. After the Ninth Circuit’s decision in California Restaurant Association v. City of Berkeley (Berkeley), building decarbonization laws effectively prohibiting fossil-fuel appliances covered by the Energy Policy and Conservation Act of 1975 (EPCA) appeared to be […]
Vincent Nolette
19 posts
Update: On March 9th, the D.C. Circuit ordered the parties to file simultaneous supplemental briefs addressing “whether, in light of Section 60002 of the One Big Beautiful Bill Act,” the Appellees’ claim that violations of the IRA and/or the constitution provide a basis for a preliminary injunction “continues to provide a […]
Local governments are leaders in the fight against climate change: they reduce community-wide greenhouse gas emissions, promote renewable energy resources, and otherwise advance climate mitigation and adaptation goals. But even as many local governments have already demonstrated their capability to tackle the climate crisis, state governments can hinder those efforts […]
It is a basic principle of administrative law that, even after a jurisdiction enacts legislation, full implementation of the law typically depends on regulatory and other actions by executive branch agencies. This is particularly true in the context of environmental and climate change legislation, which are often especially complex and […]
Last week, the Sabin Center filed an amicus brief on behalf of the National League of Cities (NLC) and the New York Conference of Mayors (NYCOM) in the case Association of Contracting Plumbers of the City of New York v. City of New York, No. 25-977 (2d Cir. Apr. 21, […]
The Trump administration has undertaken a comprehensive effort to prevent the distribution of mandatory federal funding, including billions for climate programs. Attempts to cancel already-obligated federal funding awards have been among its most notable actions and have been met with a slew of lawsuits by aggrieved grantees, states, and other […]
In 2022, the United States Congress passed the Inflation Reduction Act (IRA), appropriating an unprecedented amount of money for climate spending programs. One of the IRA’s flagship investments was the Greenhouse Gas Reduction Fund (GGRF), a $27 billion program comprised of the National Clean Investment Fund (NCIF), the Clean Communities […]
*This is the first post in a blog series that examines the impact of federal grant termination litigation on the Inflation Reduction Act’s Greenhouse Gas Reduction Fund (GGRF). At the time of this post, the U.S. Court of Appeals for the D.C. Circuit had issued a decision in Climate United […]