Lawsuit Contests New York Law on Gas Stoves

State legislation would prohibit using fossil-fuel equipment in new construction
By Newser Editors and Wire Services
Posted Oct 13, 2023 3:55 PM CDT
Lawsuit Contests New York Law on Gas Stoves
Flames emerge from burners on a natural gas stove in June in Walpole, Mass.   (AP Photo/Steven Senne, File)

Gas and construction trade groups are suing to block New York's state ban on gas stoves and furnaces in new buildings. The organizations argue that the law violates the federal government's rules around how gas appliances are regulated, and they filed the case against New York on Thursday in federal court. Gov. Kathy Hochul, a Democrat, approved the ban this spring on the installation of fossil-fuel equipment in new buildings. It's set to take effect in 2026 for structures of seven stories or fewer and in 2029 for larger buildings. The law would not apply to existing buildings, the AP reports.

Similar policies have been approved by dozens of cities and local governments with Democratic leaders as supporters say they are aiming to reduce greenhouse gas emissions and improve indoor air quality. The rule quickly became the source of partisan outrage over climate change, with Republican officials and other opponents criticizing it as an infringement on consumer choice. The New York Department of State, which is named as a defendant, declined to comment on the lawsuit.

The case was filed by the National Association of Home Builders and the National Propane Gas Association, among others. It says New York does not have the legal ability to enforce its rule because a preexisting federal law called the Energy Policy and Conservation Act already regulates energy use policies. They are asking a judge to rule that the state's ban is unenforceable under federal law and want it blocked from taking effect. The state law contains exemptions for emergency backup power equipment and for commercial food establishments, laboratories, and car washes. New York City plans to begin phasing in a separate set of rules for all-electric new construction next year.

(More gas stoves stories.)

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