National Ass'n of Home Builders of the United States v. District of Columbia

ELR Citation: 56 ELR 20035
No(s). 24-cv-02942 (ACR) (D.D.C. Mar 26, 2026) (Reyes, J.)

A district court denied trade groups', companies', and unions' motion for summary judgment in a challenge to the District of Columbia's 2022 law banning the use of gas appliances in certain newly constructed or improved buildings. The plaintiffs argued the Energy Policy and Conservation Act (EPCA) preempted the 2022 law because the ban de facto set gas appliances' energy efficiency or use standard to zero, which conflicted with the EPCA's preemption provision. The District argued the ban mandated that gas appliances not be used in certain buildings, but that it said nothing about the performance standards the appliances must meet when used elsewhere. The court found the District had the better interpretation and the 2022 law was not facially invalid under the EPCA. It denied the plaintiffs' motion and granted the District's cross-motion.

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