Taking to the Market: The Expanding Leverage of Local Governments to Drive Sustainable Transitions in the Private Sector

摘要

Recent treatment of the Dormant Commerce Clause by the courts has created a marked expansion of the regulatory and discretionary authorities of local governments that should make industry, advocates, and advisors take note. State and local governments have substantially more leeway to advance environmental and energy policies through regulation despite potential or actual burdens on interstate commerce. From public-private partnerships, to tax incentives and procurement policies, recent case law shows that local governments can wield ever greater influence on private-sector shifts toward sustainability and renewable energy development.