A group of gas and construction trade groups have filed a federal lawsuit challenging the legality of New York’s ban on gas stoves and furnaces in new residential buildings. The lawsuit, filed by the National Association of Home Builders and the National Propane Gas Association, among others, names the New York Department of State as a defendant. The groups argue that New York does not have the legal authority to enforce the ban because a preexisting federal law, the Energy Policy and Conservation Act (EPCA) of 1975, already regulates energy use policies.
The lawsuit claims that allowing state and local governments to dictate energy policies would undermine a national energy policy. The gas and construction trade groups are seeking a federal judge’s ruling that the ban is unenforceable under federal law and for it to be blocked before its scheduled implementation in 2026.
New York state leaders, led by Democratic Governor Kathy Hochul, reached an agreement in April to ban natural gas hookups in small buildings starting in 2026 and in large buildings starting in 2028. Governor Hochul justified the ban by citing the effects of climate change, such as storms and hurricanes, and emphasized the need for ambitious climate action.
The ban does include exemptions for emergency backup power equipment and certain commercial establishments. Similar bans on gas stoves have been implemented by other Democrat-controlled cities and local governments, with the aim of reducing greenhouse gas emissions and improving indoor air quality. However, a recent ruling by a federal appeals panel found that Berkeley, California’s gas ban violated the EPCA law, potentially affecting similar bans across the country.
The American Gas Association, Air Conditioning, Heating, and Refrigeration Institute, environmental groups, and other jurisdictions have expressed support for the ban. The New York Department of State declined to comment due to the ongoing litigation, and Governor Hochul’s office has not yet responded to requests for comment.
This article highlights the legal challenge to New York’s ban on gas stoves and furnaces in new residential buildings. Gas and construction trade groups argue that the ban exceeds the state’s authority and conflicts with federal energy policies. Meanwhile, proponents of the ban, including Governor Hochul, emphasize the need for aggressive climate action. The outcome of this lawsuit could have implications for similar bans across the country.
