Support CleanTechnica's work through a Substack subscription or on Stripe.
Second Circuit rejects industry challenges to building electrification requirements.
Today, the U.S. Court of Appeals for the Second Circuit ruled in favor of New York City and New York State laws that prohibit fossil fuel-burning appliances in new buildings, affirming the judgments of two lower courts. Those laws are part of the growing movement of communities around the country taking action to transition homes and buildings away from polluting fossil fuels.
The court concluded that the laws are not preempted by the Energy Policy and Conservation Act (EPCA), the federal law that sets energy conservation standards for appliances. Examining the statutory language and history, the court explained its divergence from the result reached by the Ninth Circuit in that court’s 2023 decision striking down a City of Berkeley ordinance that prohibited gas infrastructure in new buildings. In today’s decision, the court observed that “there is a growing consensus amongst district courts outside of the Ninth Circuit that EPCA does not preempt laws that effectively ban gas-powered appliances.”
Sierra Club and the American Lung Association submitted amicus briefs detailing the serious public health impacts caused by the continued use of appliances that burn fossil gas for heating and cooking. “Burning fossil fuels, like methane gas, in homes, schools, and businesses is a threat to New Yorkers’ health and our climate,” said Bridget Lee, a Senior Attorney with Sierra Club. “Today’s decision makes clear that common sense policies to modernize our building stock and transition to all-electric alternatives are legal.”
