Gas and construction trade groups have filed a lawsuit to challenge New York’s state ban on gas stoves and furnaces in new buildings. They argue that the law contradicts the federal government’s regulations on gas appliances. The case was filed against New York in federal court on Thursday. Governor Kathy Hochul, a Democrat, approved the ban earlier this year, which prohibits the installation of fossil-fuel equipment in new buildings. The ban is scheduled to go into effect in 2026 for buildings with seven stories or fewer, and in 2029 for larger structures. Existing buildings are not affected by the law, according to the AP.
Many cities and local governments, predominantly led by Democratic officials, have implemented similar policies to reduce greenhouse gas emissions and enhance indoor air quality. However, this rule has sparked partisan controversy, with Republican officials and other opponents claiming that it restricts consumer choice. The New York Department of State, one of the defendants in the case, refused to comment on the lawsuit.
The National Association of Home Builders and the National Propane Gas Association, among others, have filed this lawsuit. They argue that New York lacks the legal authority to enforce the ban since a preexisting federal law called the Energy Policy and Conservation Act already regulates energy use policies. The plaintiffs are requesting a judge to declare the state ban unenforceable under federal law and to block its implementation. The state law includes exceptions for emergency backup power equipment, as well as for commercial food establishments, laboratories, and car washes. Additionally, New York City plans to gradually introduce a separate set of rules for all-electric new construction starting next year.
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