State Law

11 posts

The Impact of New York’s 2026 Climate Law Retreat – New Sabin Center White Paper

Today, the Sabin Center published a new white paper, The Impact of New York’s 2026 Climate Law Retreat. The paper examines the implications of the State’s 2026 Amendments to the Climate Leadership and Community Protection Act (CLCPA), including how the changes will affect planning, permitting, implementation, and litigation. Over the last […]

AG Investigations and Copycat Anti-ESG Legislation Proliferate Despite Losses in Court

Last week, Texas v. BlackRock (E.D. Tex.), the first antitrust case challenging climate collaborations by financial institutions, reached an initial resolution. Texas Attorney General (“AG”) Ken Paxton announced that one of three institutional-investor defendants, Vanguard, had settled. As part of the settlement, Vanguard pledged not to “direct” its portfolio companies’ […]

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 […]

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 […]

State “Climate Superfund” Bills: What You Need to Know

In the first months of 2024, legislators in four states—Maryland, Massachusetts, New York, and Vermont—have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. E&E News reports that similar legislation may soon be […]

Pipeline crossing wetlands. Photo by Steve Hillebrand, U.S. Fish and Wildlife Service

Permitting CO2 Pipelines: Overcoming State and Federal Barriers to CO2 Pipeline Networks

The Infrastructure Investment and Jobs Act of 2021 directed the U.S. Department of Energy (DOE) to support the development of four regional “direct air capture hubs” (DAC Hubs)—networks that connect direct air capture projects with sequestration facilities and commercial users of captured carbon dioxide (CO2). To support these DAC Hubs, […]

The New York Department of Environmental Conservation Denies an Air Quality Permit to a Cryptocurrency Mining Facility, Citing Sabin Center White Paper

By Jacob Elkin On June 30, 2022, the New York Department of Environmental Conservation denied Greenidge Generation LLC’s application to renew a Title V air quality permit for the Greenidge Generating Station. The facility, previously permitted as a natural gas-fired “peaker” plant, has recently ramped up its power generation to […]

New Sabin Center White Paper Assesses the New York State Executive Branch’s Authority to Enact a Moratorium on the Permitting of Consolidated Proof-of-Work Cryptocurrency Mining Facilities

By Jacob Elkin As cryptocurrency has increased in popularity and cryptocurrency mining facilities have expanded their energy consumption, some fossil fuel power plants in New York have ramped up energy generation to provide behind-the-meter power to cryptocurrency miners. Increased power generation to fuel cryptocurrency mining has significant environmental impacts, leading […]