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Federal appeals panel leans toward upholding D.C. natural gas building limits
The challenge centers on whether the Clean Buildings Act is preempted by the Energy Policy and Conservation Act, which governs appliance efficiency standards set by the Department of Energy.
A federal appeals panel signaled on Tuesday that it may allow Washington, D.C.'s restrictions on natural gas appliances in certain new buildings to stand, according to OilPrice.
The dispute turns on the Energy Policy and Conservation Act, or EPCA, which gives the Department of Energy authority to set efficiency and energy-use standards for appliances such as furnaces, water heaters, dryers, and stoves. Industry groups argue D.C. cannot use building-code rules to achieve what they say federal law prevents it from doing directly to appliances.
D.C.'s Clean Buildings Act requires certain newly constructed or substantially improved buildings to operate at zero energy beginning in 2027, and the standards effectively prohibit natural-gas appliances in covered properties. A U.S. District Judge Ana Reyes upheld the law in March, finding that EPCA regulates energy use for covered appliances rather than whether local governments can permit those appliances to be installed in specific buildings.
The challengers include the National Association of Home Builders, Restaurant Law Center, National Apartment Association, Maryland Building Industry Association, Washington Gas, and two labor unions. OilPrice also notes that Bloomberg Law reported the D.C. Circuit panel appeared similarly unconvinced by the industry groups' preemption argument during oral arguments.
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