Monday, July 28, 2025 - New York has moved a step closer to becoming the first state in the nation to ban natural gas connections in new homes and buildings, after a federal judge on Wednesday rejected a challenge to the controversial law.
U.S. District Judge Glenn Suddaby of the Northern District
of New York said the state’s prohibition on new gas infrastructure does not
conflict with the federal Energy Policy and Conservation Act, rejecting
preemption claims by opponents who sued to block the requirements from going
into effect next year. The judge refused to dismiss the case, however, saying
the plaintiffs have standing to sue over the restrictions.
"It cannot be logically disputed on the facts provided
that a prohibition on the installation of fossil-fuel equipment in new
buildings will have some tangible impact on plaintiffs' businesses, regardless
of whether a portion of such negative impacts might also attributable to other
factors, such as more consumers choosing heat pumps for reasons unrelated to
the prohibition," Suddaby wrote in the 35-page ruling.
The judge gave the plaintiffs 21 days to file arguments
detailing a "persuasive reason" why the case should proceed or said
he would rule in favor of the defendants and dismiss the case.
The ruling stems from a 2023 lawsuit by a coalition of
business groups and unions challenging New York's regulations The groups argued
the restrictions – set to go into effect Jan. 1 – are preempted by federal law
and will hurt business revenues and profits, jeopardize jobs and hiring and
training programs, and hamper development of the fossil fuel industry's
workforce.
"The gas ban has economic implications for multiple
industries that cross state lines, demonstrating the need for a cohesive
national energy policy," the plaintiff's wrote in the initial complaint.
"The ban presents an existential threat for the small, family-owned
businesses in New York that sell, install, and service gas equipment and
infrastructure. And it threatens the livelihoods of the individuals who work in
these fields."
New York is among a small handful of states, including
California and Washington, that have taken steps to prohibit gas appliances as
part of climate change policies. But New York is the first state to do so by
passing legislation specifically banning fossil fuel appliances. A similar gas
ban in Berkley, Calif., was struck down by the 9th U.S. Circuit Court of
Appeals following a lawsuit challenging the law.
Democratic Gov. Kathy Hochul has pushed for a ban on new and
existing gas hook-ups as part of her environmental agenda, saying the move
would improve public health and help reduce the state's carbon footprint.
Republican lawmakers and construction industry groups have
criticized banning gas stoves as government overreach. They argue it penalizes
consumers while doing little to blunt the impacts of climate change.
The New York State Builders Association wrote to Attorney
General Pam Bondi last month, urging her to file litigation to block the
regulations under President Donald Trump’s executive order Protecting American
Energy from State Overreach. The trade group said the gas ban is
"precisely the kind of unconstitutional and ideologically driven state
overreach" that Trump’s order "seeks to eliminate."
"The gas ban violates core constitutional principles of
interstate commerce by attempting to dictate national energy usage through
state-level restrictions," the group wrote. "It burdens domestic
energy production, raises costs on middle-class homeowners, and compromises
energy reliability and economic freedom."
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