Key Takeaways

• The Trump administration is suing two California cities to lift their bans on gas appliances in new buildings.
• The lawsuit argues that these bans violate the Energy Policy and Conservation Act by infringing on federally approved appliances.
• Legislation is being introduced to prevent state and local bans on gas appliances entirely.

Federal Challenge to Local Gas Appliance Bans

The Trump administration has initiated legal action against the California cities of Morgan Hill and Petaluma to revoke their prohibitions on gas appliances in new residential and commercial developments. The lawsuit, filed in the Northern District of California, claims that the bans not only burden California residents with high costs but also violate the Energy Policy and Conservation Act (ECPA), which allows gas appliances to remain on the market so long as they meet federal standards.

The government contends that local regulations cannot supersede federal guidelines. The complaint emphasizes that the ECPA preempts any local rules that are stricter than federal regulations regarding energy efficiency and usage. The lawsuit seeks to have the bans declared invalid under the Supremacy Clause of the Constitution.

California has seen various cities enact gas appliance bans, with Berkeley being the first to do so in 2019. However, following a 2023 court ruling that favored the California Restaurant Association—who contested the ban—Berkeley had to repeal its regulations. The ruling highlighted that completely banning natural gas installations is preempted by federal legislation.

In the ongoing litigation involving Morgan Hill and Petaluma, the federal government asserts that while states and localities can regulate energy, their authority is limited by the ECPA. Appliances that have been federally tested and approved, such as gas-fired water heaters and furnaces, should remain available for production and sale according to the lawsuit.

Cities that have enacted gas bans not modeled after Berkeley’s law might be more securely positioned against legal challenges. A report by Grist mentioned New York City’s emission law, which successfully withstood a preemption argument by focusing on carbon dioxide output rather than directly targeting gas appliances. This approach indirectly enforces restrictions on fossil-fuel-powered appliances like stoves and furnaces.

The lawsuit has drawn criticism from local officials supportive of emission reductions. Kate Wright, executive director of Climate Mayors, described the lawsuit as an overreach that undermines local governance. She argued that local leaders should have the autonomy to decide on energy policies that address their constituents’ welfare.

In conjunction with the legal action, some members of Congress are introducing legislation aimed at prohibiting state and local bans on gas appliances altogether. The Energy Choice Act, proposed by Rep. Nick Langworthy, R-N.Y., seeks to make it illegal for local governments to restrict energy service based on its type or source. Supporters of the bill, such as Louis Bertolotti from the National Federation of Independent Businesses, claim it will prevent disruption to small businesses and local economies amid rising electricity demands.

As this legal and legislative battle unfolds, the future of gas appliance regulations may increasingly hinge on federal vs. local authority, adding complexity to energy policy discussions in California and beyond.

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