(The Center Square) – New York has moved a step closer to becoming the first state in the nation to ban natural gas connections in new homes and buildings, after a federal judge on Wednesday rejected a challenge to the controversial law.
U.S. District Judge Glenn Suddaby of the Northern District of New York said the state’s prohibition on new gas infrastructure does not conflict with the federal Energy Policy and Conservation Act, rejecting preemption claims by opponents who sued to block the requirements from going into effect next year. The judge refused to dismiss the case, however, saying the plaintiffs have standing to sue over the restrictions.
“It cannot be logically disputed on the facts provided that a prohibition on the installation of fossil-fuel equipment in new buildings will have some tangible impact on plaintiffs’ businesses, regardless of whether a portion of such negative impacts might also attributable to other factors, such as more consumers choosing heat pumps for reasons unrelated to the prohibition,” Suddaby wrote in the 35-page ruling.
The judge gave the plaintiffs 21 days to file arguments detailing a “persuasive reason” why the case should proceed or said he would rule in favor of the defendants and dismiss the case.
The ruling stems from a 2023 lawsuit by a coalition of business groups and unions challenging New York’s regulations The groups argued the restrictions – set to go into effect Jan. 1 – are preempted by federal law and will hurt business revenues and profits, jeopardize jobs and hiring and training programs, and hamper development of the fossil fuel industry’s workforce.
“The gas ban has economic implications for multiple industries that cross state lines, demonstrating the need for a cohesive national energy policy,” the plaintiff’s wrote in the initial complaint. “The ban presents an existential threat for the small, family-owned businesses in New York that sell, install, and service gas equipment and infrastructure. And it threatens the livelihoods of the individuals who work in these fields.”
New York is among a small handful of states, including California and Washington, that have taken steps to prohibit gas appliances as part of climate change policies. But New York is the first state to do so by passing legislation specifically banning fossil fuel appliances. A similar gas ban in Berkley, Calif., was struck down by the 9th U.S. Circuit Court of Appeals following a lawsuit challenging the law.
Democratic Gov. Kathy Hochul has pushed for a ban on new and existing gas hook-ups as part of her environmental agenda, saying the move would improve public health and help reduce the state’s carbon footprint.
Republican lawmakers and construction industry groups have criticized banning gas stoves as government overreach. They argue it penalizes consumers while doing little to blunt the impacts of climate change.
The New York State Builders Association wrote to Attorney General Pam Bondi last month, urging her to file litigation to block the regulations under President Donald Trump’s executive order Protecting American Energy from State Overreach. The trade group said the gas ban is “precisely the kind of unconstitutional and ideologically driven state overreach” that Trump’s order “seeks to eliminate.”
“The gas ban violates core constitutional principles of interstate commerce by attempting to dictate national energy usage through state-level restrictions,” the group wrote. “It burdens domestic energy production, raises costs on middle-class homeowners, and compromises energy reliability and economic freedom.”
