Local governments interested in protecting their environmental policies need to consider acting on their own rather than relying on top-down directives from Washington, D.C. For too long, subnational governments have played defense, scrambling to shield their actions from federal rollbacks.

But with the Environmental Protection Agency seeking to deregulate the environment and shedding staff, and the US Army Corps of Engineers greenlighting the destruction of wetlands, now is the time to go on the offensive. Consider the wisdom of leaders ranging from George Washington to Captain James Tiberius Kirk.

Washington wrote in 1799, “offensive operations, often times, is the surest, if not the only (in some cases) means of defence.” The sentiment has held up across centuries—from Washington to Kirk, who put it most succinctly when popularizing the phrase: “The best defense is a good offense, and I intend to start offending right now.”

If the federal government is abdicating its environmental responsibilities, then cities, counties, and other local governments should seize the moment—not just to resist but to reshape the future.

There are more than 36,000 local governments in the US. If even a fraction of them enacted ambitious environmental policies, the collective force would be unstoppable—massively reshaping environmental protections and overwhelming any federal (or even state) attempt at preemption. The sheer volume of local action could create a bureaucratic nightmare for an already shrinking federal workforce, leaving agencies struggling to keep tabs on dozens, if not hundreds or thousands, of local initiatives.

Imagine trying to roll back 500 different local wetlands protections in 50 states. Or attempting to dismantle thousands of climate-friendly zoning codes, building requirements, and carbon reduction mandates—each carefully tailored to its municipality’s needs. While the federal government is bogged down by the Department of Government Efficiency’s efforts to shrink its workforce, local governments can flood the landscape with new environmental protections faster than they can be repealed.

It’s a numbers game, and local governments have the advantage.

Local governments don’t have to wait for state or federal leadership to act—they have an arsenal of policy tools at their disposal, many of which are compiled in the Sustainable Development Code. Local governments can mandate a host of climate mitigation and biodiversity regenerative actions.

Building codes can, for example, require developers to increase tree canopies, wetlands, pollinator-friendly landscapes, and natural habitats and corridors on-site and to produce more renewable energy on-site than energy used. Many zoning laws allow local governments to prohibit fossil fuel infrastructure and fossil fuel appliances.

Local governments can also reorganize uses to reduce reliance on cars, cut emissions, and improve public health. Procurement and diversion laws can enhance and protect the environment by prioritizing contracts with companies that use sustainable materials—such as requiring all municipal construction projects to source recycled or low-carbon concrete—and by implementing diversion policies that mandate the reuse of deconstructed buildings to reduce landfill waste and harmful greenhouse gas emissions.

As the federal government retreats from climate-related regulations, the consequences could be swift and severe—worsening heat waves, wildfires, droughts, and floods while leaving communities increasingly vulnerable. With reduced federal safeguards and resources, local governments must take the lead in proactively protecting themselves through enhanced resilience strategies.

For example, local governments can require the expansion of urban tree canopies, which can mitigate extreme heat, reduce greenhouse gas emissions, and improve air quality. They can preserve and restore wetlands through setbacks, impact analyses, and mapping that would absorb floodwaters, filter pollutants, and provide critical wildlife habitats. They can require defensible space ordinances, which would regulate vegetation and combustible materials around structures to reduce wildfire risks, improve firefighter access, and limit the spread of fires through setbacks, plant restrictions, and landscaping requirements.

These proactive measures would not only fortify communities against climate disasters but also would contribute to long-term environmental and public health benefits—demonstrating that local action isn’t just necessary but essential in the face of federal inaction.

The reality is that the federal government no longer has the manpower—or perhaps even the motivation—to police thousands of local environmental policies. By coordinating their actions and rapidly enacting a web of overlapping policies, local governments can make it functionally impossible for the federal government to dismantle environmental protections. Instead of fighting defensively, cities and counties can seize the initiative and create an environmental framework too vast to undo.

Of course, defensive strategies are still important. Cities must continue challenging federal rollbacks and ensuring existing protections hold. But the real power comes from being proactive and shaping the legal and policy landscape before opponents even know what hit them. A strong offense preoccupies the opposition, leaving them scrambling to keep up rather than mounting a coherent counterattack.

Environmental battles have always been waged in courtrooms, legislatures, and city halls. The question is whether local leaders will keep treating their authority like a shield—or pick up the sword. If the EPA and Army Corps of Engineers are packing up, someone must step in. As Washington and Kirk understood, the only real defense is an unrelenting, unapologetic offense.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Jonathan Rosenbloom is a professor of law teaching sustainability and land use at Albany Law School, and the founding executive director of the Sustainable Development Code.

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