Oral Argument Set in New York Gas Ban Appeal

A panel of the United States Court of Appeals for the Second Circuit has set the date for oral argument in the New York gas bans case (Mulhern v. Rodriguez): Friday, January 30, 2026.  The federal proceeding will take place at the Thurgood Marshall U.S. Courthouse in Manhattan where the attorneys representing NPGA, NYPGA, and coalition partners will argue that the ban is preempted by federal law and illegal.  Currently, the ban—initially set to take effect on January 1, 2026—is paused pending appeal based on a stipulation negotiated by NPGA and its co-plaintiffs with the New York Governor’s office.

This case marks the second time a federal appellate court (one step below the U.S. Supreme Court) will opine on federal preemption of a state or municipal gas ban.  The first was the U.S. Court of Appeals for the 9^th Circuit which determined that a 2019 ban in Berkeley, California was illegal.

NPGA will assist its external attorneys to prepare for the oral argument and NPGA’s CEO, Stephen Kaminski, will attend this critical hearing.