Coalition of Businesses and Workers Challenges New York City Gas Ban

Reichman Jorgensen Lehman & Feldberg LLP (RJLF) has filed suit on behalf of a coalition of businesses and workers challenging New York City’s ban on all fuel gas appliances in newly constructed buildings beginning January 1, 2024 for buildings six stories or less and other buildings July 2, 2027. Plaintiffs are the Association of Contracting Plumbers, the Plumbing-Heating-Cooling Contractors—National Association, Plumbers Local Union No. 1, the New York State Energy Coalition, the Plumbing Foundation, the Master Plumbers Council, and the Building Industry Association of New York City, which collectively represent hundreds of businesses and thousands of workers in New York City. The suit seeks to declare the fuel gas ban invalid and to block its enforcement, on the grounds that federal energy law overrides local law.

Thousands of New York City businesses and residents rely on natural gas and heating oil for heating, hot water, and cooking. Eliminating all fuel gas use and requiring “all-electric” new buildings is at odds with the public’s need for a reliable, resilient, and affordable energy supply.  New York City’s fuel gas ban is preempted by federal law, is contrary to the public interest, and harms plaintiffs and the members they represent.

The U.S. Court of Appeals for the Ninth Circuit recently struck down, unanimously, a similar gas infrastructure ban in the City of Berkeley, CA. See Cal. Rest. Ass’n v. City of Berkeley, 65 F.4th 1045 (9th Cir. 2023), petition for reh’g en banc filed, No. 21‑16278 (9th Cir. May 31, 2023).   RJLF represented the California Restaurant Association in that suit, which challenged Berkeley’s ban. The panel held that Berkeley’s ban on gas piping concerned the energy use of appliances covered by the federal Energy Policy & Conservation Act, and was therefore preempted.

“Our clients are strong supporters of the City’s climate goals, but this energy ban puts our clients and their members at risk and is contrary to federal law,” said Sarah Jorgensen. “Congress decided in EPCA that nationally uniform standards on energy use and energy efficiency are the best way to promote conservation goals while ensuring energy security and consumer choice.”  

The case is Association of Contracting Plumbers v. City of New York in the U.S. District Court for the Southern District of New York.  

About Reichman Jorgensen Lehman & Feldberg LLP

Reichman Jorgensen Lehman & Feldberg LLP (RJLF) is an elite national trial firm that handles high-stakes commercial, intellectual property, energy, and white collar disputes. The firm is majority women-owned, reinventing the practice of law without the billable hour in favor of fee arrangements that align client interests. RJLF’s attorneys are diverse, exceptionally credentialed, and passionate about trial advocacy. From offices in Silicon Valley, New York, Washington, D.C., Austin, and Atlanta, the firm tries cases and argues appeals throughout the country. 

Contact

Sarah Jorgensen
sjorgensen@reichmanjorgensen.com
(650) 623.1403