Cities looking to eliminate fossil fuels in buildings have notched a decisive court victory. Last week, a federal judge dismissed a lawsuit brought by plumbing and building trade groups against a New York City ban on natural gas in new buildings. The decision is the first to explicitly disagree with a previous ruling that struck down Berkeley, California’s first-in-the-nation gas ban. That order, issued by the 9th U.S. Circuit Court of Appeals in 2023 and upheld again last year, prompted cities across the country to withdraw or delay laws modeled after the Berkeley ordinance.
While New York City’s law functions differently from Berkeley’s, legal experts say that this month’s decision provides strong legal footing for all types of local policies to phase out gas in buildings — and could encourage cities to once again take ambitious action.
“It’s a clear win in that regard, because the 9th Circuit decision has had a really chilling effect on local governments,” said Amy Turner, director of the Cities Climate Law Initiative at Columbia University’s S... Read more
