Litigation

44 posts

Can Plaintiffs Challenge President Trump’s “10-to-1” Deregulation Order? A Look Back at Lawsuits Challenging the Order’s Predecessor

On Friday President Trump fulfilled a campaign promise and signed an executive order (EO) that directs agencies to identify 10 existing rules, regulations, or guidance documents to repeal for each new rule, regulation, or guidance that an agency promulgates. In addition, the EO, “Unleashing Prosperity Through Deregulation,” requires that the […]

Sabin Center Files Amicus Brief Amid Trump Transition to Support EPA’s Heavy-Duty Vehicle Standards 

Yesterday, January 21, 2025, the Sabin Center filed an amicus brief on behalf of the National League of Cities (NLC) and the U.S. Conference of Mayors (USCM) in support of the U.S. Environmental Protection Agency’s (EPA) 2024 greenhouse gas emissions standards for heavy-duty vehicles (the “HDV Rule”) that went into […]

Sabin Center Files Amicus Brief in New York’s Highest Court Supporting New York City’s Local Law 97

Last Friday, December 20, 2024, the Sabin Center submitted an amicus brief to the New York State Court of Appeals – the state’s highest court – in support of the City of New York in Glen Oaks Village Owners, Inc., et al. v. City of New York. At issue in […]

Seattle, King County & Nonprofits Challenge Washington’s Ballot Initiative Preempting Local Efforts to Phase Out Natural Gas

Over the last five years, at least 25 states have expressly preempted local governments from enacting requirements, or even incentives, to construct new buildings that do not rely on natural gas as a fuel source. On December 6, 2024, two local governments finally fought back in court. Seattle and King […]

Sabin Center Files Amicus Brief in Support of EPA’s 2024 Vehicle Emissions Standards

On Friday, December 6, the Sabin Center filed an amicus brief on behalf of the National League of Cities and the U.S. Conference of Mayors in support of the U.S. Environmental Protection Agency (EPA) in Kentucky v. EPA as part of our ongoing amicus efforts to support strong federal climate […]

The Anti-ESG Movement Has Not Fared Well in Court, but Critical Decisions Are Pending

The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions. Hundreds of these proposals […]

Sabin Center Files Two Amicus Briefs Supporting EPA’s 2024 Power Plant Rules

Today, the Sabin Center filed two amicus briefs—one on behalf of the National League of Cities and the U.S. Conference of Mayors, and a second on behalf of experts in carbon capture and storage (CCS) science and technology—in support of the U.S. Environmental Protection Agency (EPA) in West Virginia v. […]

Federal Court Refuses to Halt Construction of Revolution Wind Project

Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court. One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the […]