Lawsuit aims to overturn Biden climate policy for new homes

By Thomas Frank | 01/06/2025 06:24 AM EST

The regulation will make hundreds of thousands of homes more energy efficient. But Republican officials and a homebuilders group say it’s costly and illegal.

A worker stands on a ladder while working on a new construction home in Portland, Oregon.

Rules finalized by the Biden administration require federally subsidized homes to be energy efficient. Jenny Kane/AP

Republican state attorneys general and a powerful homebuilders group are suing the federal government to block a new climate policy that sets strict energy efficiency standards for hundreds of thousands of new homes.

The suit seeks to overturn a regulation established in May requiring new homes to have highly efficient heating and cooling systems if they received financial backing from the Department of Housing and Urban Development or the Department of Agriculture.

The regulation is part of President Joe Biden’s effort to address climate change — in this case by making new buildings less energy intensive and more resistant to floods and other hazards.

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Although President-elect Donald Trump has spoken against many Biden climate policies, it could be difficult for him to overturn the regulation because it was finalized months ago. Instead, the Trump Justice Department could decline to defend the case.

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