A collection of trade groups and labor unions have sued New York State over 2023 laws that would restrict the use of fossil-fuel equipment in new buildings. The challengers’ legal theory is essentially identical to the theory used in California Restaurant Association v. City of Berkeley, and they are using the same law firm as the plaintiffs in the Berkeley case. However, this court is not required to follow the Berkeley decision, and there is reason to think it may not.

Trade associations representing restaurants, home builders, hotels, apartments, and propane sued the City and County of Denver over its building codes, arguing that they are preempted by the federal Energy Policy and Conservation Act (“EPCA”).

The California Restaurant Association (CRA) challenged the City of Berkeley's January 2020 amendment to the Berkeley Municipal Code (BMC), which prohibits natural gas infrastructure in most newly constructed buildings within Berkeley.

A collection of home builders, gas utilities, and building trade unions sued the Washington State Building Code Council (“WSBCC”) over its new building codes, arguing that they violate the federal Energy Policy and Conservation Act (EPCA).

The case casts a spotlight on a troubling pattern of inaction by the U.S. Food and Drug Administration when it comes to addressing the significant public health concerns around menthol cigarettes, but it also highlights what innovative litigation can do to combat this inaction.

A group of Montana youth sued the State, arguing that its fossil fuel-based energy system contributes to climate change, violating their constitutional rights guaranteed under the Montana Constitution and the Public Trust Doctrine.

The U.S. Supreme Court overturned the principle of judicial deference to administrative agencies established in Chevron v. Natural Resources Defense Council (1984).

Trade groups for landlords, hotels, and developers sued the City and County of Denver and the State of Colorado, arguing that state and local rules to reduce building energy use and emissions are preempted by the federal Energy Policy and Conservation Act (EPCA).

The City of Baltimore filed suit against Philip Morris International and other major tobacco manufacturers to hold them accountable for cigarette litter, with charges including public nuisance, trespass, and violations of state and municipal laws.

Industry groups and a plumber labor union challenged a New York City ordinance, Local Law 154, that prohibits the burning of fuels with high greenhouse-gas emissions in new construction.