Cities aiming to remove fossil fuels from buildings achieved a significant legal triumph when a federal judge recently dismissed a lawsuit lodged by plumbing and building trade groups against New York City’s prohibition on natural gas in new constructions. This ruling stands as the first of its kind to challenge a previous decision that invalidated Berkeley, California’s pioneering gas ban. The 9th U.S. Circuit Court of Appeals issued that decision in 2023 and reaffirmed it the following year, leading many cities nationwide to retract or postpone similar legislation modeled after Berkeley’s ordinance.
Despite operational differences between New York City’s law and the Berkeley ordinance, legal analysts assert that this recent verdict offers robust legal support for various local initiatives aimed at phasing out gas in buildings. It may prompt municipalities to revisit and advance their plans for building electrification.
Amy Turner, director of the Cities Climate Law Initiative at Columbia University’s Sabin Center for Climate Change Law, described the judgment as a substantial success. She noted that the 9th Circuit’s decision had discouraged local governments, but the new ruling could embolden them to prioritize building electrification strategies.
In 2021, New York City enacted Local Law 154, which imposes an emissions limit on indoor fuel combustion for new buildings. This regulation effectively bans gas-powered appliances like stoves, furnaces, and water heaters by prohibiting the burning of substances emitting 25 kilograms or more of carbon dioxide per million British thermal units of energy. Builders are required to use electric alternatives such as induction stoves and heat pumps. This policy was implemented in 2024 for buildings under seven stories, with plans to expand it to taller buildings by 2027.
Conversely, Berkeley’s ordinance, introduced in 2019, prohibited the installation of gas piping in new constructions. This innovative policy inspired almost 100 local governments to propose similar measures. Nevertheless, it faced legal challenges from the California Restaurant Association, which claimed gas stoves were crucial for the food service sector. In April 2023, a ruling from the 9th Circuit court supported the restaurant industry, arguing that federal energy efficiency standards superseded Berkeley’s law. In January 2024, Berkeley’s petition to have the case reheard was denied by the 9th Circuit.
