A Major Legal Development

Recent court decisions have signaled a positive turn for cities aiming to phase out fossil fuels in their buildings. A federal judge recently dismissed a lawsuit filed by various plumbing and construction trade organizations challenging New York City’s ban on natural gas in new constructions. This ruling marks a pivotal difference from a previous decision that invalidated Berkeley, California’s groundbreaking gas prohibition.

Significance of the Ruling

The recent ruling from New York City stands as the first legal outcome that counters the earlier verdict from the 9th Circuit Court, which struck down the Berkeley ordinance. The 9th Circuit’s 2023 decision had led many municipalities to reconsider or postpone similar regulations. According to legal experts, the ruling from New York could offer substantial legal support for local policies targeting gas elimination and might encourage municipalities to revive ambitious electrification initiatives.

“It’s a clear win in that regard, because the 9th Circuit decision has had a really chilling effect on local governments,” noted Amy Turner, director at the Cities Climate Law Initiative, Columbia University’s Sabin Center for Climate Change Law. “Now there’s something else to point to, and a good reason for hope for local governments that may have back-burnered their building electrification plans to bring those to the forefront again.”

Details of New York City’s Legislation

In 2021, the city implemented Local Law 154, which sets stringent air emission limits for indoor combustion of fuels in newly constructed buildings. Specifically, the law bans any substance that emits 25 kilograms or more of carbon dioxide per million BTUs of energy, effectively halting the use of gas stoves, furnaces, and water heaters. Developers are now required to utilize electric appliances, such as induction stoves and heat pumps. This law is set to take effect in 2024 for buildings up to seven stories, with a broader rollout for taller buildings planned for 2027.

The Berkeley Example

Conversely, Berkeley’s initiative aimed to prohibit gas piping installation in new constructions, a method that inspired numerous localities to adopt similar measures. This ordinance, passed in 2019, quickly faced legal opposition from the California Restaurant Association, which claimed gas stoves were crucial for the food industry. In April 2023, the 9th Circuit Court ruled in favor of the Association, asserting that federal energy efficiency standards took precedence over Berkeley’s regulations. Furthermore, a petition for a rehearing regarding this ruling was denied in January 2024.