The number of court decisions upholding building decarbonization laws against federal preemption challenges is growing. After the Ninth Circuit's decision in California Restaurant Association v. City of Berkeley (Berkeley), building decarbonization laws effectively prohibiting fossil-fuel appliances covered by the Energy Policy and Conservation Act of 1975 (EPCA) appeared to be on shaky ground. Since that court denied rehearing en banc, however, state and federal courts in other circuits have been consistently issuing decisions upholding similar building decarbonization laws by employing the reasoning of Judge Friedland's dissenting opinion. Last week, two federal district courts continued that trend, rejecting EPCA challenges to local building decarbonization laws enacted in Montgomery County, Maryland and Washington, D.C. In both cases, the plaintiffs claimed that the building electrification laws are preempted by EPCA, and in support, advanced arguments similar to those accepted by the Ninth Circuit majority. Federal district courts in D.C. and Maryland were less receptive to the arguments.
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Categories: Cities & Local Governments; Building Decarbonization; Cities Climate Law Initiative; Litigation; Municipal Activity; U.S. Climate Policy;