A federal appeals court on Tuesday upheld a New York law banning natural gas appliances in new buildings.
The ruling is a win for the state and is heating up a disagreement between courts over whether federal energy conservation law preempts state-level laws and city ordinances banning fossil fuel infrastructure in new builds. The conflict could spark interest from the Supreme Court.
New York City in 2021 passed Local Law 154, which effectively banned new buildings from installing appliances that run on natural gas, heating oil or other fossil fuels. Groups including the National Association of Home Builders sued over the law.
The case also challenged a state law directing New York’s building code council to adopt rules barring fossil fuel appliances in new buildings statewide. Democratic Gov. Kathy Hochul’s administration agreed to pause implementation during the legal proceedings.
