NYS Sued by Builders and Unions in Effort to Overturn Ban on Gas Hookups for New Buildings

by Mindy Cohn

New York State's ban on natural gas use in new buildings is facing a lawsuit based on a federal law that prevents individual states from adopting their own energy policies.

Filed in federal court on Thursday by trade groups and unions representing builders, plumbers, electricians, and propane suppliers, the lawsuit's goal is to void the gas hookup ban passed into law in May. The ban is scheduled to take effect in two phases, the first slated to begin in 2026.

The case argues New York was not allowed to establish such a ban given the federal 1975 Energy Policy and Conservation Act that precludes states from adopting their own energy policies.

The lawsuit is also rooted in the claim that the gas ban endangers livelihoods and will cause energy bills and the cost of new homes and buildings to go up, thereby increasing New York's already high cost of living.