Oral Arguments Held on NY Gas Ban Cases

On Friday, January 30, 2026, the US Court of Appeals for the Second Circuit held oral arguments in both the NYC and NY State gas ban cases. NPGA and NYPGA are plaintiffs in the state case. Collectively, arguments on these cases were held for well over an hour.  Both NPGA President and CEO Steve Kaminski and NPGA Associate General Counsel Kate Gaziano helped prep our counsel and were present for the arguments in Manhattan.  As a reminder, the state-level ban was set to go into effect on January 1, 2026, the plaintiff group was able to get the state to agree to a stay pending the outcome of appellate litigation.

The judges stressed a commitment to interpreting the text of the statute and what it meant, with Judge Perez telling Intervenors’ counsel that she was not interested in “policy arguments.”

The argument spanned from questions on how to properly test appliances, whether setting a zero limit on an appliance would be preempted, and to a careful analysis of the text of the statute. The judges also seemed to seriously weigh the Ninth Circuit’s decision in CRA v. Berkeley, which struck down Berkeley’s gas ban.

NPGA will continue to post updates and update membership whenever a decision comes out, which could be a few to several months in the future. Questions? Contact Director of Regulatory Affairs and Associate General Counsel Kate Gaziano.