Cross-cutting Issues

464 posts

Sabin Center Files Amicus Brief Supporting New York City’s Building Electrification Law in Second Circuit Appeal

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, […]

Appropriated, but Unobligated: Impounding Climate Funds

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 […]

Four Solar For All Lawsuits: Two Distinct Forums and Legal Theories

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 […]

Court of Federal Claims: Jurisdiction, Remedies, and Unsuitability to Adjudicate the GGRF Lawsuit

Amid the Trump administration’s cancellation of billions in federal funding for climate action, the Sabin Center has covered the numerous cases that have been brought in federal district courts to challenge federal grant cancellations. Among those cases is Climate United Fund v. Citibank, a challenge to the Environmental Protection Agency’s […]

State AG Attacks on Climate Alliances Still Lack Coherent Antitrust Theories

A now-familiar playbook for climate-denying state attorneys general is to launch burdensome investigations of climate-minded corporate enterprises based on inchoate antitrust claims (often conspicuously lacking a profit motive for the alleged antitrust violations). These enforcement tactics crystallize two challenges for corporate climate initiatives seeking to steer clear of antitrust liability. […]

The FTC Asserts (and Oversteps) its Antitrust Authority Against a Key Climate Alliance

Climate alliances have become a common target of antitrust campaigns over the last several years, particularly given the complex market dynamics for these alliances to navigate, with effective industry-wide transformation often necessitating some degree of coordination among competitors. In previous blog posts, we have addressed state legislatures’ efforts to undermine […]

Scope 3 Emissions in Corporate Reporting: Calculating Climate Risk in Global Value Chains

  Corporate climate disclosure rules are under development in several jurisdictions, with California and the European Union (EU) leading the way. A controversial and unresolved matter in this area is the inclusion and measurement of Scope 3 emissions—i.e., indirect emissions from a company’s supply chain. This blog post—the second in […]