U.S. Climate Policy

33 posts

Unpacking New York State’s Rollback of its Landmark Climate Law

On May 26, as part of the FY 2026-27 budget, New York State enacted significant revisions to its 2019 Climate Leadership and Community Protection Act (CLCPA or Act). The amendments amount to a substantial rollback of the Act’s ambition. For the last seven years, the Act has served as the […]

Data Center Regulation: What Local Governments Should Know about Large-Load Tariffs and Clean Transition Tariffs

The proliferation of data centers across the United States represents new “loads” (i.e., sources of demand) on the electrical grid. Data centers require enormous amounts of energy to power and cool their computing systems that operate continuously or near-continuously. To meet this demand, new energy infrastructure—both generation and transmission—will need […]

Two More Courts Uphold Building Decarbonization Laws, Rejecting EPCA Preemption

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 […]

Uncertain Remedies for Frozen Federal Climate Funding

Update: On March 9th, the D.C. Circuit ordered the parties to file simultaneous supplemental briefs addressing “whether, in light of Section 60002 of the One Big Beautiful Bill Act,” the Appellees’ claim that violations of the IRA and/or the constitution provide a basis for a preliminary injunction “continues to provide a […]

To Implement or Not to Implement: New York State’s Climate Law in 2025

It is a basic principle of administrative law that, even after a jurisdiction enacts legislation, full implementation of the law typically depends on regulatory and other actions by executive branch agencies. This is particularly true in the context of environmental and climate change legislation, which are often especially complex and […]

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 […]

Supreme Court Signals Challenges to Federal Grant Terminations are Contract Disputes

*This is the first post in a blog series that examines the impact of federal grant termination litigation on the Inflation Reduction Act’s Greenhouse Gas Reduction Fund (GGRF). At the time of this post, the U.S. Court of Appeals for the D.C. Circuit had issued a decision in Climate United […]