A U.S. district court this week upheld Maryland’s building codes requiring certain commercial and residential buildings in the state to achieve net-zero energy use by 2040.
The court ruling marks the third time in about a week that a federal judge in the region has found that the Energy Policy and Conservation Act, which sets federal efficiency standards for appliances, does not preempt building codes aimed at tackling buildings’ greenhouse gas emissions, a significant source of climate pollution.
Opponents of local and state building codes have argued that EPCA barred standards that could prevent hookups for new gas appliances. But in her ruling Tuesday, Judge Deborah Boardman found that Maryland’s Building Energy Performance Standards (BEPS) were in line with the federal law.
Congress had sought to prevent regulations that mandate the installation of high-efficiency appliances, said Boardman, a Biden appointee.
