ELR Citation: 56 ELR 20088
No(s). 25-5129 (9th Cir. Jul 2, 2026)

The Ninth Circuit, 2-1, affirmed summary judgment for the South Coast Air Quality Management District in a challenge to the district's 2022 rule phasing in zero nitrogen oxide (NOx) emission standards on certain appliances over the next decade to comply with CAA obligations. Gas appliance manufacturers and industry groups argued the rule was preempted by the Energy Policy and Conservation Act (EPCA). A district court granted summary judgment for the district, finding the rule was not preempted because it does not concern the energy use of appliances, but rather regulates appliances' NOx emissions in order to address air pollution and health risks associated with natural gas combustion, and thus does not implicate any of the issues EPCA was intended to address. The appellate court found nothing in EPCA's text, structure, or history suggesting Congress intended to interfere with states' ability to use well-established methods to achieve compliance with federal air quality standards, and that plaintiffs could not show the rule was unconstitutional in every application because it regulates emissions from process heaters, which are not among the list of covered projects under EPCA and for which DOE has not issued any federal standards. It affirmed summary judgment for the district.