Cities & Local Governments

21 posts

Sabin Center Files Amicus Brief Supporting New York City’s Motion to Appeal in Local Law 97 Case

On June 20th, 2024, the Sabin Center filed an amicus brief in support of the City of New York’s Motion for Leave to Appeal to the New York State Court of Appeals in Glen Oaks Village Owners, Inc., et al. v. City of New York. Glen Oaks – a 2022 […]

Cities and the IRA’s Green Banks: Strategies for Engagement

In April 2024, the U.S. Environmental Protection Agency (EPA) announced funding recipients for its National Clean Investment Fund (NCIF) and Clean Communities Investment Accelerator (CCIA), two programs established by the 2022 Inflation Reduction Act (IRA). The NCIF and CCIA awards are a step towards implementing the “third leg of the […]

Inflation Reduction Act: Final Elective Pay Rules & Takeaways for Cities

Yesterday, March 5, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released final regulations for their elective pay program, which allows many non-taxpayers, including local governments and their agencies and instrumentalities, to recoup the value of certain climate and clean energy tax credits as […]

IECC Appeals Could Undermine Electrification Requirements in New Construction

Building codes have a major influence on how local governments respond to climate change. They prescribe enforceable requirements for the materials that buildings are made of, for how living and working spaces are designed, and critically, for what kinds of environmental possibilities new buildings must be prepared to accommodate. For […]

Many pedestrians walking on a sidewalk

The Legal Case for Equity in Local Climate Action Planning

Last month, the Fordham Urban Law Journal published a paper I wrote titled The Legal Case for Equity in Local Climate Action Planning. In the last several years, cities’ climate action plans, or CAPs, have increasingly incorporated equity and justice objectives and metrics alongside more traditional greenhouse gas reduction measures […]

NYC buildings and street

New York State Court Upholds Local Law 97

Last week, the New York State Supreme Court for New York County dismissed Glen Oaks Village Owners v. City of New York, a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019, New York City’s building performance standard […]

Using the Inflation Reduction Act to Combat Urban Heat

By opening up new tax credits for tax-exempt entities, the Inflation Reduction Act (IRA) provides a vehicle to fund smart surface projects while increasing solar electricity generation. Smart surfaces are ones that combat the effects of excessive sunlight, rainfall, and heat, especially in the urban heat islands, that pose particular […]

The Clean Energy Investment Tax Credit (ITC): Direct Pay Claimants’ Race Against Time

The Inflation Reduction Act (IRA) is chock-full of tax incentives for climate and clean energy projects. This year, 2023, marks the first tax year in U.S. history during which entities that do not have federal tax liability – including local and state governments and agencies, nonprofit organizations, tribes and municipal […]