New York & New Jersey Energy Appeal Planned in New York's Gas Ban Case

3 September 2026

POLITICO — New York & New Jersey Energy Appeal Planned in New York's Gas Ban Case

New York's gas industry interests plan to take their legal challenge of building electrification requirements to the U.S. Supreme Court, according to Brian Baran, an attorney representing the plaintiffs. The move comes after the Second Circuit Court of Appeals last week denied the plaintiffs' petition for a rehearing, following its June ruling against them.

The appeals court had agreed with the lower court, finding that state and local bans on gas appliances are not preempted by federal law. The original case challenged New York City's Local Law 154 and changes to state building codes that prohibit gas appliances in certain buildings.

New York has already paused implementation of the All-Electric Buildings Act — a measure banning gas appliances in certain new buildings statewide, passed as part of the 2024 budget — while the litigation played out. That pause will remain in place until the plaintiffs exhaust their appeals.

A circuit split

The Ninth Circuit Court of Appeals ruled differently in a similar case, finding that Berkeley's ban on gas piping in new buildings is preempted by federal law. That split between circuits is exactly what gas industry interests in New York are hoping will draw the Supreme Court's attention. Plaintiffs face a Sept. 24 deadline to file their petition with the Supreme Court.

Source: POLITICO's Weekly New York & New Jersey Energy newsletter, Aug. 31, 2026 (Marie J. French and Mona Zhang).

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