Fighting Abusive Preemption

As cities and towns work to address climate change and protect their communities in this challenging time, they’re increasingly being blocked by a legal tool called preemption. Preemption happens when a higher level of government—typically the state—strips local governments of their power to pass laws on a given issue.

This tactic is being weaponized by powerful, polluting industries to serve their own interests. By lobbying for state laws that override local efforts, these corporations weaken community problem solving and block community-driven solutions to challenges like climate change, public health, and environmental justice.

The problem doesn’t stop there. Especially when paired with rising authoritarianism, preemption undermines democracy itself. It silences local voices, takes away community control, and prevents progress on urgent issues like affordable housing or living wages.

But there’s hope. By understanding how preemption works and building broad, united coalitions against it, communities can push back. These fights matter: protecting local authority is key to creating just, resilient, and climate prepared communities.

To support this effort, we’ve released a revised infobrief and factsheet that break down what preemption is, how it’s being used to harm climate equity efforts, and what we can do about it. These resources are designed to help advocates, policymakers, and community members take informed action in the fight for local and state climate and justice solutions.