NAHB, Other Groups File Suit Against Southern California Gas Bans

NAHB and nine other business and housing groups seeking to overturn a regulation that would ban gas appliances have filed a lawsuit against Southern California air regulators.

In their complaint filed in the U.S. District Court for the Central District of California, the groups contended that South Coast Air Quality Management District’s (SCAQMD) regulation violates the Energy Policy and Conservation Act (EPCA) of 1975.

NAHB and the other plaintiffs argued that SCAQMD’s effective ban on certain gas appliances will harm their members.

“Plaintiffs face significant costs in having to replace gas appliances with electric appliances in existing buildings, which may also necessitate building modifications, disrupt business operations, or require the temporary relocation of tenants,” the lawsuit stated. “The increased cost of retrofitting or building for electric appliances will raise the cost of housing and limit supply. Plaintiffs also have members that include plumbers and pipefitters who will see a decrease in the amount of gas plumbing work, affecting their hours, job opportunities, and hiring and training in the industry. In short, the District’s rule will impose enormous financial costs and disruption on businesses and individuals, including Plaintiffs.”

The lawsuit seeks to void the SCAQMD’s rule to ban certain gas appliances because it is pre-empted by federal law since it concerns the energy use of appliances covered by the EPCA. The suit cites an appellate court decision last year that stated the city of Berkeley’s ban on natural gas connections in new construction was prohibited by the EPCA, which forbids state and local governments from setting efficiency standards for appliances.

Therefore, the lawsuit asserts that SCAQMD’s regulation is “void and unenforceable.”