A groundbreaking initiative in New York to prohibit the use of natural gas in new constructions as a measure to combat emissions causing climate change is facing legal challenges. The lawsuit, filed in federal court by labor unions and trade groups representing builders, propane suppliers, electricians, and plumbers, aims to overturn the ban on gas connections, which was incorporated into the state budget in May and is scheduled to be implemented in two phases, commencing in 2026.

The groups involved in the lawsuit argue that the gas-hookup ban puts their members’ livelihoods at risk and will result in increased expenses for new homes and higher energy costs, exacerbating New York’s already high cost of living. Sarah Jorgensen, a lawyer representing the plaintiffs, stated, “Our clients are strong supporters of the State’s climate goals, but the ban puts our clients and their members at risk. A mandate banning gas now is not reasonable or affordable, when New York’s grid is already overburdened. And regardless, New York must comply with the law.”

Proponents of the ban assert its necessity in achieving climate goals, as buildings are responsible for 32% of New York’s total greenhouse gas emissions. They also dispute the assertions related to costs, arguing that households furnished with heat pumps or geothermal systems for heating and electric appliances, as opposed to gas-fired alternatives, will result in an estimated annual savings of $1,000 for consumers

Alex Beauchamp, the Northeast Region Director for the environmental group Food & Water, lauds the gas ban as a notable step towards community, health, and climate well-being, criticizing efforts to challenge it as an attempt to maintain the relevance of fossil fuels in an evolving world.

New York has set the pace by becoming the first state to establish a timeline for banning new gas connections. If the policy is upheld in court, it will take effect in 2026 for new buildings with seven stories or less and in 2029 for taller buildings and businesses exceeding 100,000 square feet. Specific exemptions encompass factories, hospitals, commercial food establishments, laboratories, laundromats and car wash facilities.

Existing homes and businesses are unaffected by the law and can continue to use gas-powered heaters and appliances as needed. The plaintiffs contend that the gas ban carries extensive economic ramifications that transcend state borders, emphasizing the need for a unified national energy policy.

They point to a federal appeals court decision in April that struck down a 2020 gas ban in Berkeley, California, as a precedent supporting their case. New York City has its own gas ban, scheduled to start two years ahead of the state’s timeline. Adopted by the City Council in 2021, it will be effective next year for buildings with seven stories or fewer and in 2027 for taller buildings.

In Westchester County, a gas hookup moratorium has been in place since 2019 due to supply shortages, resulting in newly constructed homes and businesses in those areas being fully 

In summary, a legal battle is unfolding in New York over the state’s gas ban in new construction projects, aimed at reducing greenhouse gas emissions. Unions and builders  have filed a lawsuit opposing the ban, citing concerns about its economic impact and its effects on their livelihoods. The case underscores the complexities of addressing climate change through local measures and could set a precedent for similar bans in other regions, raising questions about the balance between local and national climate initiatives.