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New York

Builders, developers challenging state’s gas stove ban

Federal lawsuit claims prohibition in new buildings isn’t legal

Developers Among Those Challenging State’s Gas Stove Ban
Governor of New York Kathy Hochul (Photo Illustration by Steven Dilakian for The Real Deal with Getty)

Builders and developers are coming out of the woodwork to challenge New York State’s ban on gas stoves and furnaces in new residential buildings.

A consortium of businesses, trade associations and unions filed a federal lawsuit this week, seeking to overturn the ban, the Times Union reported. The New York Department of State is a defendant in the case, while the plaintiffs include key stakeholders in the gas and propane industry.

The lawsuit claims a federal statute known as the Energy Policy and Conservation Act takes precedence over state and local laws involving energy consumption by appliances; EPCA sets guidelines and standards for appliances’ energy efficiency. The plaintiffs allege the ban could strain the state’s electric grid, burden consumers with higher costs and force businesses to abandon New York.

“Our clients are strong supporters of the state’s climate goals, but the ban puts our clients and their members at risk, for little to no environmental benefit,” an attorney for the plaintiffs said in a statement.

On the other side, legislation proponent Food & Water Watch Northeast called the lawsuit “an archaic assault.” The Gas Free NY coalition added that “the All-Electric Buildings Act is critical to protecting all of these for New Yorkers.”

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The plaintiffs are taking a cue from a lawsuit on the other side of the country. The U.S. Circuit Court of Appeals recently struck down a similar ban in Berkeley, California on the basis of EPAC’s authority. The city has filed a petition in the case and has drawn the support of President Joe Biden’s administration.

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The federal lawsuit could prove to be a litmus test for how the rest of the country is feeling about similar bans, including in places like San Francisco, Seattle and Denver. A successful lawsuit could create a blueprint for other opponents of bans to follow.

The ban was enacted earlier this year. Buildings with less than seven stories will need to comply with the law by 2026, while taller buildings will have another three years to get in line. A separate ban on gas stoves in New York City is set to take effect for buildings shorter than seven stories this year.

— Holden Walter-Warner

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Climate ChangeKathy HochulReal Estate LawsuitsSustainability