NY Gas Ban Upheld

On June 30, 2026, the U.S. Court of Appeals for the Second Circuit ruled against NPGA’s coalition in its challenge to New York’s ban on gas appliance installations in most new buildings across the state. The court held that the federal Energy Policy and Conservation Act (EPCA), the federal law governing national energy conservation standards for covered appliances, does not preempt New York’s law. In doing so, the Second Circuit reached a conclusion that conflicts with the Ninth Circuit’s earlier decision on the same legal question, creating uncertainty regarding the scope of EPCA’s federal preemption and underscoring the need for greater clarity in federal law.

“I’m deeply disappointed with this decision,” said Stephen Kaminski, NPGA President & CEO. “Consumers across New York deserve access to clean, reliable, and affordable energy, along with the freedom to choose the energy source that best meets the needs of their families. We believe this decision misinterprets the scope of EPCA’s federal preemption provisions and, if allowed to stand, will limit the energy choices available to future homeowners and businesses constructing new buildings across New York. The consequences will be felt most acutely in upstate and other rural communities, where reliable heating and hot water are essential during sub-zero winter conditions.”

NPGA has begun consulting with legal counsel to evaluate all available options, including the potential for further appellate review. The ban, initially set to commence on January 1, 2026, is stayed through the end of all available appeals as per an agreement between NPGA’s coalition and the New York Secretary of State’s office.

We remain committed to challenging unlawful gas bans through the courts while advancing legislative, regulatory, and grassroots advocacy efforts nationwide to protect consumer energy choice.