In March 2026, the District Court in Maryland upheld Montgomery County’s “Comprehensive Building Decarbonization” law in National Association of Home Builders et al. v. Montgomery County. This case is part of a growing wave of lawsuits challenging building electrification policies across the country. The court rejected claims that the federal Energy Policy and Conservation Act (EPCA) blocks local efforts to reduce building emissions. In its decision, the court cited an amicus brief from the Public Health Law Center, noting that it “…aid[ed] the Court’s analysis of the legislative history and purpose of the EPCA." A week later, a second Maryland judge cited our brief twice in upholding a state law, also aimed at reducing building emissions.

Reflecting on the decision, the Center’s Director of Climate Justice Mia Montoya Hammersley said, “That's what you hope for when you file an amicus brief. It's rare to have the court directly cite a brief—it was a great moment.”

Amicus, or “friend-of-the-court,” briefs allow organizations to share expertise in cases in which they are not directly involved. These briefs help courts understand the broader context of a case, including public health and health equity impacts. Since 2024, our Climate Justice team has filed eight amicus briefs on issues ranging from the health harms of indoor air pollution to building code policies.  While the Center does not provide legal representation, writing and submitting briefs on our own behalf is one way we provide public health legal perspectives in cases affecting our program areas.

This work is supported by an internal litigation working group that coordinates amicus efforts across the Center. Senior Staff Attorney Daniel Carpenter-Gold, a member of the group, has helped spearhead this work for the Climate Justice team. What began with providing legal technical assistance behind the scenes has evolved into the Center becoming part of a larger network of organizations tracking EPCA related cases.

Partners such as the Sierra Club, the Sabin Center, Earthjustice, and others have played key roles in lawsuits addressing building decarbonization, indoor air quality, and other climate initiatives. Together with the Center, this network helps coordinate strategic approaches to filing amicus briefs. The process is fast-paced and highly collaborative, ensuring each organization adds a distinct perspective without burdening the court. While briefs are typically filed at the appeals court, groups that file amicus briefs may also choose to file earlier in the process —at the district court—to provide key information to assist judges with their decision-making processes in ongoing EPCA litigation.

While the impact of an amicus brief can be difficult to measure, the citation of the Center's brief in the Montgomery County decision marks a key victory for public health and building decarbonization efforts. Providing context that informed the ruling, which may shape future cases, underscores the value of this work in protecting community health.

Anaïs Gascon, Senior Communications Specialist
April 29, 2026