Tag Archives: EPCA

United States Sues Morgan Hill and Petaluma over All Electric Building Laws

On January 5, 2026, the U.S. Department of Justice filed a lawsuit against the cities of Morgan Hill (Santa Clara County) and Petaluma (Sonoma County), California, challenging local ordinances that effectively ban natural gas infrastructure and gas powered appliances in new buildings. The complaint, docketed as Case 5:26-cv-00056 in the U.S. District Court for the … Continue Reading

NYC Building Electrification Ruling is Interesting But Not a Game Changer

By Stuart Kaplow on March 30, 2025 Posted in City, Climate Change, Codes and Regulations

It’s a brainy, nuanced take that will keep law professors buzzing.… Continue Reading

Citizens and Businesses Join Suing Maryland to Halt BEPS

By Stuart Kaplow on January 13, 2025 Posted in Climate Change, Codes and Regulations, GHG, greenhouse gas

The Maryland BEPS regulations are preempted by federal law because they concern the energy use of appliances covered by the federal Energy Policy and Conservation Act and are therefore void and unenforceable.… Continue Reading

Legal Showdown in DC: Lawsuit Challenges Gas Appliance Ban as Preempted

By Stuart Kaplow on October 27, 2024 Posted in Codes and Regulations, GHG, greenhouse gas, Local Government

As more local governments pursue net zero and decarbonization laws, they will find themselves navigating this intricate landscape of federal preemption, consumer demand, and economic impact, with significant implications for the future of American energy use and climate policy… Continue Reading

Berkeley’s Natural Gas Tax is a Warning to Building Owners Nationwide

By Stuart Kaplow on August 11, 2024 Posted in Uncategorized

Attempts to ban natural gas, be it by building codes, BEPS mandates, or the like, will all fail as preempted by Federal law and this new tactic of taxing fossil fuel out of existence is coming to a jurisdiction where you live or operate a business.… Continue Reading

Does Federal EPCA Trump Colorado Building Energy Performance Standards (BEPS)?

By Stuart Kaplow on May 5, 2024 Posted in Energy, State

These Colorado laws fail as being precisely what Congress was barring with the express preemption mandate in EPCA… Continue Reading

Shedding Light on the Future: The Evolution of Lightbulbs in the Wake of New Energy Efficiency Standards

By Stuart Kaplow on April 14, 2024 Posted in Codes and Regulations, Energy, Environmental

In 2024 there is nothing wrong with doing that better than Thomas Edison in 1860, with LEDs, and repairing the planet … Continue Reading

2024 International Energy Conservation Code is Final After Addressing Preemption

By Stuart Kaplow on April 7, 2024 Posted in Codes and Regulations, Energy, Green Building, Local Government

This is a big deal because versions of the IECC are in use or have been adopted in 48 states … Continue Reading

Court Strikes Down Federal Dishwasher and Washing Machine Rules

By Stuart Kaplow on January 14, 2024 Posted in Uncategorized

No part of that text indicates Congress gave DOE power to regulate water use for energy-using appliances like dishwashers and washing machines… Continue Reading

Federal Appeals Court Delivers Coup De Grace in Berkeley Attempt to Ban Natural Gas

By Stuart Kaplow on January 7, 2024 Posted in Climate Change, Codes and Regulations, greenhouse gas, Legal Developments

Attempts by state and local governments to ban natural gas in buildings cannot stand as preempted by federal law… Continue Reading

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