National Ass'n of Home Builders of the United States v. Montgomery County, Maryland

ELR Citation: 56 ELR 20034
No(s). 8:24-cv-03024-PX (D. Md. Mar 25, 2026) (Xinis, J.)

A district court denied trade groups' motion for summary judgment in a challenge to a Maryland county's ordinance banning the use of gas appliances in new buildings. The groups argued the Energy Policy and Conservation Act expressly preempted the ordinance because the ordinance regulated "energy use" by prohibiting any use of gas appliances in new construction. The court found that the ordinance did not regulate "energy use" at the "point of use" and thus its "all electric" mandate for new construction was not preempted. It denied summary judgment for the groups and granted the county's cross-motion.

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