D.C. Gas Ban Gets Favorable Hearing in Federal Appeals Court
A federal appeals panel in Washington, D.C., appeared inclined to uphold the district's restrictions that effectively bar natural-gas appliances in certain new or substantially renovated buildings, according to media coverage of Tuesday's arguments. The dispute centers on whether the Energy Policy and Conservation Act (EPCA) preempts local measures that limit the installation of federally regulated appliances.
Why It Matters
The appeals court's decision could set a precedent determining whether cities and states can bypass federal appliance standards by using building codes to ban natural-gas equipment, affecting builders, restaurants, utilities and the broader gas industry. With federal circuits already split on the issue, the ruling will influence whether local restrictions survive or vary by jurisdiction.
Key Facts
- Central legal question: Whether the Energy Policy and Conservation Act (EPCA) preempts local bans that effectively prohibit federally regulated natural-gas appliances.
- Local law at issue: D.C.'s Clean Buildings Act requires certain newly constructed or substantially improved buildings to operate at zero energy beginning in 2027, effectively prohibiting natural-gas appliances in covered properties.
- Challengers: National Association of Home Builders; Restaurant Law Center; National Apartment Association; Maryland Building Industry Association; Washington Gas; and two labor unions.
- District court ruling: U.S. District Judge Ana Reyes upheld the D.C. law in March, finding EPCA regulates appliance energy consumption rather than local permission to install appliances.
- Appeals panel coverage: Bloomberg Law reported the D.C. Circuit panel appeared unconvinced by the challengers' preemption argument during oral arguments.
A three-judge federal appeals panel in the D.C. Circuit heard arguments over whether Washington, D.C.'s Clean Buildings Act can stand despite federal appliance rules. The law requires certain new or substantially renovated buildings to meet zero-energy standards starting in 2027, a requirement that in practice bars natural-gas stoves, furnaces and other gas appliances in covered properties.
Industry groups and utilities have challenged the law, contending that the Energy Policy and Conservation Act (EPCA) gives the Department of Energy exclusive authority to set energy-efficiency and energy-use standards for appliances and that localities cannot sidestep those limits through building codes. The challengers named in the suit include the National Association of Home Builders, the Restaurant Law Center, the National Apartment Association, the Maryland Building Industry Association, Washington Gas and two labor unions.
A district judge in March rejected that preemption argument, finding EPCA governs how much energy appliances consume rather than whether a local government may allow their installation. Bloomberg Law reported that during Tuesday's oral arguments the D.C. Circuit panel seemed, at least preliminarily, skeptical of the challengers' position and inclined to let the D.C. restrictions remain in place.
The case arrives against a backdrop of conflicting appellate decisions elsewhere. The Ninth Circuit struck down Berkeley, California's ban on natural-gas piping in 2024, reasoning a city could not defeat EPCA by cutting off fuel access to regulated appliances. By contrast, the Second Circuit recently upheld New York City and New York State measures banning certain fossil-fuel appliances, finding EPCA does not bar governments from prohibiting particular appliances outright. The D.C. Circuit's forthcoming ruling will therefore be pivotal: it could either align with one of those precedents or produce another interpretation, shaping whether local gas restrictions survive and whether outcomes depend on the federal circuit in which a building is located.
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Original source: OilPrice.com