On January 26, the U.S. Court of Appeals for the 11th Circuit denied a motion to expedite an appeal filed by a trade association after a lower court had declined to block the CFPB’s Residential Property Assessed Clean Energy (PACE) Financing rule. The final rule would apply TILA protections to residential PACE financing and will go into effect on March 1, 2026. As previously covered by InfoBytes, in November 2025, the district court denied the association’s motion for a preliminary injunction, finding the plaintiff had not shown a substantial likelihood of success on the merits or irreparable harm, and set an expedited schedule to resolve the case.

In its opening brief on appeal, the plaintiff argued that the CFPB exceeded its statutory authority under the Economic Growth, Regulatory Relief, and Consumer Protection Act, acted arbitrarily and capriciously by relying on flawed data, and violated the Tenth Amendment by regulating state tax assessments. The plaintiff also warned of “catastrophic” business losses and unrecoverable compliance costs if the rule takes effect. In its response brief, filed January 22, the CFPB maintained that PACE financing comports with TILA’s definition of credit and that the rule properly implements congressional requirements while accounting for the unique characteristics of PACE transactions. With the circuit court’s denial of expedited briefing, the appeal will proceed under the standard schedule as the parties await a decision on the merits.