Federal Appeals Court Upholds New York Limits on Fossil Fuel Use in Buildings

Press Release

The U.S. Court of Appeals for the Second Circuit ruled in favor of New York City and New York State laws that prohibit fossil fuel-burning appliances in new buildings, affirming the judgments of two lower courts. Those laws are part of the growing movement of communities around the country taking action to transition homes and buildings away from polluting fossil fuels.

Geographic Reference

The court concluded that the laws are not preempted by the Energy Policy and Conservation Act (EPCA), the federal law that sets energy conservation standards for appliances. Examining the statutory language and history, the court explained its divergence from the result reached by the Ninth Circuit in that court’s 2023 decision striking down a City of Berkeley ordinance that prohibited gas infrastructure in new buildings. In today’s decision, the court observed that “there is a growing consensus amongst district courts outside of the Ninth Circuit that EPCA does not preempt laws that effectively ban gas-powered appliances.”

Sierra Club and the American Lung Association submitted amicus briefs detailing the serious public health impacts caused by the continued use of appliances that burn fossil gas for heating and cooking. “Burning fossil fuels, like methane gas, in homes, schools, and businesses is a threat to New Yorkers’ health and our climate,” said Bridget Lee, a Senior Attorney with Sierra Club. “Today’s decision makes clear that common sense policies to modernize our building stock and transition to all-electric alternatives are legal.”

Oil & Gas

As evidence grows about the significant health and climate pollution impacts associated with the use of gas in buildings – including worse asthma symptoms and reduced lung function in children and other vulnerable populations – local and state governments are increasingly taking action to require new construction is all-electric. To date, more than 200 cities, counties and states have adopted policies to transition buildings off of gas.

“This decision sends a strong message to other states and local governments looking to protect their residents from the dangers of gas combustion in buildings,” said Srinidhi Sampath Kumar, Director of Sierra Club’s Clean Heat Campaign. “New York has raised the bar so people regardless of income level, or whether they are a renter or homeowner, can live and work in a healthy space. More people in more places deserve that and we are working across the country to enact standards that promote clean, efficient buildings.”

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.