ELR Citation: 55 ELR 20037
No(s). 23-CV-11292 (RA) (S.D.N.Y. Mar 18, 2025) (Abrams, J.)

A district court granted New York City's motion to dismiss a challenge to its statute prohibiting the use of fossil fuels in newly constructed residential buildings. Trade groups and a union argued the statute was preempted by the Energy Policy Conservation Act (EPCA) because it concerned "the energy use" of covered products, in that it banned an appliance from using any energy, setting its maximum energy use to zero; they sought a permanent injunction. The city moved to dismiss for failure to state a claim. The court concluded the statute did not "relate to," and thus did not concern, "energy use" within the meaning of EPCA. Because the statute was not preempted by EPCA, the court granted the city's motion to dismiss.