Federal Court Upholds New York State Gas Ban

The federal court for the Northern District of New York on July 23 upheld New York state’s “gas ban” legislation. New York’s legislation is the first statewide law that restricts natural gas use in new buildings, effectively banning gas stoves and other fossil fuel appliances in most new construction starting in 2026. 

The plaintiffs’ coalition, including NAHB and the New York State Builders Association (NYSBA), filed a complaint in October 2023 arguing that New York’s legislation is preempted by the Energy Policy and Conservation Act (EPCA), which prevents state and local governments from setting their own standards concerning energy efficiency or energy use of appliances.

The defendants argued that the plaintiff coalition lacked standing and that the case was not ripe for review. The court denied that motion, explaining that the plaintiffs had an imminent injury from the legislation even though the code council still needed to make amendments to the codes to comply with the legislation. 

But the court also ruled that New York’s prohibition on the installation of fossil-fuel equipment does not concern the “energy use” of covered products as defined by EPCA and is therefore not preempted. The court relied heavily on the dissenting opinion in the Ninth Circuit case California Restaurant Association v. Berkeley and a recent decision from the Southern District of New York.   

The court gave the plaintiffs 21 days to show cause as to why it should not enter a judgment in favor of the defendants. The plaintiff coalition is determining how to respond to the court’s request.

Separately, NAHB and NYSBA, in conjunction with other industry associations, submitted a letter in June to Attorney General Pam Bondi to prompt federal action on this ban under President Trump’s Executive Order, “Protecting American Energy from State Overreach.”