A federal judge has dismissed a lawsuit brought by plumbing and building trade groups against New York City’s ban on natural gas in new buildings, upholding the city’s efforts to decarbonize its buildings. The decision provides strong legal support for cities across the country that have been hesitant to introduce similar laws due to a previous ruling that struck down Berkeley, California’s first-in-the-nation gas ban.
A federal judge has dismissed a lawsuit brought by plumbing and building trade groups against ‘New York City’s ban on natural gas in new buildings’ , upholding the city’s efforts to decarbonize its buildings. The decision is a significant win for cities across the country that have been hesitant to introduce similar laws due to a previous ruling that struck down Berkeley, California‘s first-in-the-nation gas ban.
The Impact of the 9th Circuit Decision
The ‘9th US Circuit Court of Appeals’ decision in 2023 and its subsequent upholding last year were widely seen as a major setback for cities looking to reduce their reliance on fossil fuels. However, the latest ruling provides strong legal footing for local policies aimed at phasing out gas in buildings.
‘It’s a clear win in that regard, because the 9th Circuit decision has had a really chilling effect on local governments,’ said Amy Turner, director of the ‘Cities Climate Law Initiative’ at Columbia University‘s ‘Sabin Center for Climate Change Law.’ ‘Now there’s something else to point to, and a good reason for hope for local governments that may have back-burnered their building electrification plans to bring those to the forefront again.’
The New York City Ban on Natural Gas
New York City‘s law functions differently from Berkeley‘s, but the latest ruling provides strong support for its efforts. ‘Local Law 154’ sets an air emissions limit for indoor combustion of fuels within new buildings, effectively banning gas-burning stoves, furnaces, and water heaters. Real estate developers must install electric appliances, such as induction stoves and heat pumps.
The policy went into effect in 2024 for buildings under seven stories and will apply to taller buildings starting in 2027. While the city’s law is more restrictive than Berkeley‘s, which banned the installation of gas piping in new construction, the latest ruling provides strong support for its efforts.
A Narrowing of the Scope of Preemption
The trade groups behind the lawsuit argued that New York City‘s electrification law was preempted by federal energy efficiency standards under the ‘Energy Policy Conservation Act of 1975 (EPCA)’. However, the US District Court for the Southern District of New York dismissed these claims, citing the 9th Circuit dissent.
‘This ruling demonstrates that there’s absolutely no reason to interpret the Berkeley decision so broadly,’ said Dror Ladin, a senior attorney at ‘Earthjustice.’ ‘This decision bolsters all types of electrification policies, including the one in New York City and those modeled after Berkeley.’
Implications for Other Cities
The latest ruling has significant implications for other cities that have withdrawn or delayed laws modeled after Berkeley‘s gas ban. The decision provides strong legal support for their efforts to reduce their reliance on fossil fuels.
Located in Alameda County, California, Berkeley is a city known for its academic excellence.
Home to the University of California, Berkeley, one of the world's top public universities, the city attracts students and scholars from around the globe.
The city also boasts a thriving tech industry, with companies like Apple and Google having a presence there.
Berkeley is also famous for its countercultural movement in the 1960s, which led to significant social and political changes.
Judges in cases involving similar arguments will inevitably refer to the Berkeley decision and last week’s ruling by the Southern District of New York. Ladin hopes that they’ll give more weight to the latter, saying ‘Berkeley is not a well-reasoned decision, and this judge saw right through it, and I think many other judges will see through it too.’
