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Industry fights natural gas appliance ban with lawsuit

Oct 18, 2023 12:32 pm

Ryan Whalen reports for New York State of Politics that a gas company and contractors' associations hired lawyers to file a lawsuit against essentially banning natural gas appliances in most new buildings in a few years. Those lawyers are arguing New York State cannot ban the natural gas appliances because that would preempt the federal Energy Policy and Conservation Act. And they are pointing to a California court ruling that said that federal law preempted a city ordinance banning gas piping. Attorney and legal analyst Jared Cook said, "The argument here is since this law would ban these products, that it encroaches onto Congress' authority to regulate these products." Now New York has 30 days to respond to the complaint. Cook said, "I imagine it's almost certainly going to taken up by the United States Supreme Court.... You can't always say for sure but it seems pretty likely when you have competing Courts of Appeals decisions on the issue.” Read more about this story at New York State of Politics.

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