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New York's Electric Building Act Upheld, Limiting Gas Appliances in New Construction
The court said the mandate is not preempted by federal law, leaving New York’s ban on new gas hookups in many buildings in place.
The Second Circuit ruled on Tuesday that the All-Electric Buildings Act is not preempted by federal law, allowing New York to proceed with its fossil fuel regulation efforts under state authority.
Gas and construction trade groups sued to block the law two years ago, arguing it violated federal regulations governing gas appliances under the 1975 Energy Policy and Conservation Act .
Dror Ladin, senior attorney at Earthjustice, praised the ruling: "Today's decision is a welcome return to a commonsense understanding of state and local control over the homes we live in and the air we breathe."
State officials delayed the act's implementation from its original Jan. 1 start date in November pending the court ruling, as the law faced scrutiny over construction costs and potential grid strain.
The New York Independent System Operator reported in October that the state's electric grid could face reliability issues in New York City, Long Island, and the Hudson Valley within five years, driving calls to delay the All-Electric Buildings Act.