Industry Groups File Lawsuit to Block New York’s Gas Stove Ban
Several industry groups have taken legal action to challenge New York’s controversial state ban on gas stoves and furnaces. This ban has been implemented by numerous Democrat-controlled cities and local governments as part of their efforts to combat climate change.
The complaint, filed on Oct. 12, involves the National Association of Home Builders, the National Propane Gas Association, and other organizations. They argue that New York State is violating federal law by prohibiting the use of gas stoves and appliances in new buildings.
The plaintiffs, including trade unions, contend that the ban is illegal because it conflicts with existing federal laws. They also assert that its implementation would harm businesses, lead to job losses, and result in higher energy prices.
“Hundreds of plumbers on Long Island rely on new construction to feed their families and pay their mortgages,” said Jimmy Russo, president of the Plumbing Contractors Association of Long Island. “This illegal law has basically ripped the rug out from underneath them.”
Environmental groups have criticized the lawsuit, emphasizing the importance of addressing climate change.
“Don’t believe the wealthy fossil fuel industry’s lies—lives, livelihoods, and wallets are already hugely impacted by climate change, and the All-Electric Buildings Act is critical to protecting all of these for New Yorkers,” stated a coalition of environmental groups, including the Gas Free NY alliance and Earthjustice.
The case, Mulhern Gas Co. v. Rodriguez, has been filed in the U.S. District Court for the Northern District of New York.
The New York Department of State stated that it is “reviewing this matter and cannot comment on pending litigation.”
‘They Can Go Electric’
In May, New York became the first state in the country to ban natural gas appliances and infrastructure. This ban was included in the state budget and will be effective in most new buildings starting in 2026.
The ban prohibits the installation of fossil fuel equipment in new buildings under seven stories by 2026, and by 2029 in taller buildings. It mandates the use of all-electric heating and cooking systems.
There are exemptions for certain establishments such as hospitals, manufacturing facilities, and restaurants. Existing buildings are also not subject to the ban.
“Everybody who has a gas stove—enjoy it. Keep your gas stove,” said New York Gov. Kathy Hochul. “But new buildings that are going up, they can go electric, they can do heat pumps.”
New York Gov. Kathy Hochul gives a speech on the Hudson River tunnel project at the West Side Yard in New York City on Jan. 31, 2023. (Michael M. Santiago/Getty Images)
At the time, Republican leaders in the state Senate opposed the measure, arguing that it would lead to higher utility bills.
“A first-in-the-nation, unconstitutional ban on natural gas hookups in new construction will drive up utility bills and increase housing costs,” stated New York state Senate Republican leader Rob Ortt.
Lee Zeldin, a former Republican congressman from Long Island and a former candidate for governor, criticized the Hochul administration’s priorities regarding the gas stove ban.
“New Yorkers are struggling to heat their homes and put gas in their cars,” he wrote on X. “Instead of approving new pipeline applications and reversing the state’s ban on the safe extraction of natural gas, Kathy Hochul and her allies are tripling down on kicking this state off the cliff.”
Climate lobbyists initially pushed for the New York state gas stove ban to take effect in 2025. However, a compromise was reached, resulting in a one-year delay in implementation.
Now, the plaintiffs in the lawsuit are seeking a court ruling to invalidate the ban and prevent its enforcement.
Challenging the Ban
The industry groups involved in the lawsuit argue that the ban is preempted by a federal law called the Energy Policy and Conservation Act (EPCA), which regulates energy use.
“EPCA reflects Congress’s decision that the nation’s energy policy cannot be dictated by state and local governments,” states their complaint. “Such a patchwork approach would be the antithesis of a national energy policy.”
Earlier this year, a three-judge panel at the U.S. Court of Appeals for the Ninth Circuit in California ruled against a similar ban on gas infrastructure in Berkeley, California. They determined that the ban violated the EPCA and was therefore illegal.
“A mandate banning gas now is not reasonable or affordable, when New York’s grid is already overburdened,” stated Sarah Jorgensen, counsel for the plaintiffs. “And regardless, New York must comply with the law.”
However, it remains uncertain whether the California precedent will hold, as the city has requested a rehearing of the case with a larger 11-judge panel.
The Biden administration, which has prioritized combating climate change, has filed an amicus brief supporting the city’s position. They argue that gas appliance bans are not preempted by the EPCA.
Numerous Democrat-controlled cities and local governments have implemented similar policies to New York’s gas stove ban, turning the issue into a contentious topic in the ongoing culture wars.
A growing number of scientists worldwide have expressed opposition to climate change alarmism. Over 1,600 scientists and professionals recently signed a joint declaration stating “there is no climate emergency.”
Ban will lead to higher energy costs for consumers and that it unfairly targets low-income households who may not be able to afford the higher costs of all-electric systems.
Was reached to delay the ban until 2026 to allow for more time to transition to all-electric systems. Advocates for the ban argue that it is a necessary step to reduce greenhouse gas emissions and combat climate change.
However, industry groups argue that the ban is illegal and will have negative consequences. They claim that the ban violates federal law by prohibiting the use of gas stoves and appliances in new buildings. Furthermore, they argue that the
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