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 […]
Municipal Activity
25 posts
Zoning regulations have lately come under fire for making cities less dense and driving up the cost of new homes. State legislatures are increasingly responding by preempting aspects of local zoning authority. But despite its real problems, both now and historically, local zoning power remains an important tool among cities’ […]
On December 5, 2025, the National Highway Traffic Safety Administration (NHTSA) published a proposed rule to weaken its Corporate Average Fuel Economy (CAFE) Standards for Model Years 2022 to 2031 Passenger Cars and Light Trucks, referred to as the Safer Affordable Fuel-Efficient Vehicles Rule III or SAFE Rule III. The […]
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 […]
[Here and at the end of this post, a template comment letter is linked for local governments to adapt for their own comments in the Endangerment Finding rule making process.] On August 1, 2025, the U.S. Environmental Protection Agency (EPA) published its proposed repeal of the “Endangerment Finding,” the scientific […]
Earlier this month, on June 2, 2025, Atlanta’s City Council unanimously passed a state-of-the-art ordinance to require cool roofs throughout the whole city, immediately propelling Atlanta to the forefront of local climate adaptation measures. The new requirements will help make Atlanta cooler, improve its air quality, and lower residents’ energy […]
Last Thursday, May 22, the New York State Court of Appeals – the State’s highest court – issued a decision upholding New York City’s Local Law 97 of 2019. Local Law 97 is one of the country’s most ambitious municipal climate policies, requiring the City’s largest buildings to comply with […]
Texas’ Third Court of Appeals will hear arguments tomorrow, April 23, 2025, in a case that cuts to the core of how state and local governments coexist. In Texas v. City of Houston, City of San Antonio, and City of El Paso, a group of Texas cities is challenging one […]