This story was originally Appear in Grist yes Climate table cooperate.
Cities looking to eliminate fossil fuels in buildings have achieved a decisive victory. Last week, federal judges The lawsuit was dismissed Constituted by pipeline and construction trade groups, opposing the city’s ban on gas in new construction. The decision is the first to explicitly disagree with the previous ruling Berkeley, California’s first international gas ban. The order was issued in 2023 by the 9th Circuit Court of Appeals Last year, I insisted againprompting cities across the country to withdraw or delay laws modeled on the Berkeley Ordinance.
Although New York City’s laws differ from those in Berkeley, legal experts say this month’s decision provides a strong legal basis for all types of local policies to phase out gas in buildings and could encourage cities to take ambitious action again.
“It’s a clear win in that regard, as the 9th Circuit decision has had a real chilling impact on local government,” said Amy Turner, director of the Urban Climate Law Initiative at the Climate Change Law Center at Columbia University’s Sabin University. “There are other things to point out now, and it’s a reason for a promising local government that could be subject to building electrification plans to make those plans at the forefront again.”
In 2021, New York City adopts Local Method 154this sets air emission restrictions on fuel combustion indoors in new buildings. Under the law, burning “any substance that emits 25 kg or more of the UK thermal energy unit carbon dioxide” is prohibited. This standard effectively prohibits gas furnaces, furnaces and water heaters, as well as any other fossil fuel-powered appliances. Instead, real estate developers must install appliances such as induction furnaces and heat pumps. This policy takes effect In 2024 For seven-story buildings, it will be available for taller buildings starting in 2027.
On the other hand, Berkeley’s law prohibits the installation of gas pipelines in new buildings. The first policy was adopted in 2019 and inspired nearly one hundred local governments across the country to adopt similar laws. But the ordinance is quickly facing lawsuits from the California Restaurant Association, which believes gas stoves are crucial to the food service industry. In April 2023, the 9th Circuit ruled that it was beneficial to the catering industry, believing that federal energy efficiency standards seized Berkeley’s policy. January 2024, petition Berkeley City rehearsed cases on 9th Tour Rejected.
