Cities pursuing the elimination of fossil fuels in buildings have achieved a significant legal victory. Recently, a federal judge dismissed a lawsuit filed by plumbing and building trade groups challenging a New York City ban on natural gas for new constructions. This ruling marks the first time a court has explicitly opposed a prior decision that invalidated Berkeley, California’s pioneering gas ban. The 9th US Circuit Court of Appeals had issued a 2023 order, reaffirmed last year, which led several cities to retract or postpone legislation modeled on Berkeley’s ordinance.
Although New York City’s regulation differs from Berkeley’s, legal analysts suggest that this latest ruling strengthens the legal basis for various local policies aimed at phasing out natural gas in buildings. This development may encourage municipalities to revisit ambitious plans. Amy Turner, director of the Cities Climate Law Initiative at Columbia University’s Sabin Center for Climate Change Law, noted that the decision counteracts the deterring effect of the 9th Circuit verdict on local governments and provides a hopeful precedent for reviving building electrification initiatives.
In 2021, New York City passed Local Law 154, which imposes a limit on air emissions from indoor fuel combustion in new buildings. The legislation forbids burning any substance that emits 25 kilograms or more of carbon dioxide per million British thermal units of energy, effectively banning gas-burning appliances such as stoves, furnaces, and water heaters. Instead, developers are required to install electric alternatives like induction stoves and heat pumps. The law became effective in 2024 for buildings under seven stories and will apply to taller structures starting in 2027.
Contrastingly, Berkeley’s ordinance prohibited the installation of gas piping in new constructions and was enacted in 2019, inspiring nearly 100 local governments nationwide to propose similar regulations. The measure immediately faced legal challenges from the California Restaurant Association, claiming the necessity of gas stoves for the culinary sector. In April 2023, the 9th Circuit Court ruled in favor of the restaurant industry, stating that federal energy efficiency standards overruled Berkeley’s policy. In January 2024, Berkeley’s request for a rehearing by the 9th Circuit was denied.