New federal lawsuits challenge laws in D.C. and Montgomery County, Maryland, requiring newly constructed homes and businesses to have all-electric appliances by 2026.
In 2022, the District passed the Clean Energy D.C. Building Code Amendment Act of 2022 and Montgomery County passed Buildings-Comprehensive Building Decarbonization, due to concerns that emissions from gas appliances harm both the environment and people’s health.
The plaintiffs in the suits are the National Association of Home Builders of the U.S., Washington Gas Light Company, as well as business groups and labor unions, hoping to prevent the laws from taking effect in Montgomery County and D.C.
Near-identical lawsuits, filed in Maryland and the District’s federal courts, are asking judges to determine the bans are void and not enforceable.
The suits are similar to those filed in other jurisdictions across the country. In 2020, all the natural gas used in homes and businesses accounts for about 13% of greenhouse gas emissions in the U.S., according to the U.S. Environmental Protection Agency.
The Montgomery County and D.C. suits claim that a federal law — The Energy Policy and Conservation Act — allows the use of gas appliance, and “already regulates the energy use of such appliances and expressly preempts state and local laws on that subject.”
The suits said the county and D.C. bans inflict serious and irreparable harm.
“Banning the use of gas appliances in new construction and renovations is at odds with the needs of … residents, workers, and businesses for affordable, resilient, and reliable energy,” according to the complaint for declaratory and injunctive relief.
“Prohibiting gas-powered cooking ranges, water heaters, furnaces, and other appliances or equipment is fundamentally inconsistent with the public interest and consumer choice, exacerbates the County’s housing crisis, and aims to shift the County’s energy demand to an electric system that is facing both historic and increasing electricity demand and dwindling dispatchable electricity supply,” according to the suit.
Contacted by WTOP, Scott Peterson, Montgomery County Manager of Media Relations and Communications Strategies said: “Due to pending litigation, the County cannot comment on this case at this time.”
WTOP is seeking comment from the office of D.C. Mayor Muriel Bowser.
Get breaking news and daily headlines delivered to your email inbox by signing up here.
© 2024 WTOP. All Rights Reserved. This website is not intended for users located within the European Economic Area.
