Federal court is the second in as many days to affirm local government’s authority to cut pollution, lower energy costs, and advance healthier building codes
WASHINGTON, D.C. — Just 24 hours after the U.S. District Court of Maryland upheld Montgomery County’s all-electric building code, the U.S. District Court for DC today upheld the Clean Energy DC Building Code Amendment Act of 2022, which prohibits combustion of fossil fuels in certain new or substantially renovated buildings in DC and further requires them to adhere to a net-zero energy standard by Dec. 31, 2026.
These decisions summarily rejected lawsuits from Washington Gas and fossil fuel-aligned business organizations seeking to undermine healthy building standards. The federal judge agreed with the D.C. government’s argument that municipalities have a right to regulate appliances’ usage in certain buildings, and that laws like D.C.’s do not affront the federal prohibition on state or local governments regulating the energy efficiency or performance of those appliances.
In response to today’s decision, a coalition of environmental organizations released the following statements:
“Today’s ruling upholding the building code is a win against powerful fossil fuel interest groups who were trying to dismantle the law just to keep their profits flowing,” said Anne Havemann, general counsel at Chesapeake Climate Action Network. “At a time when DC residents are seeing their utility bills skyrocket, it’s a relief to know that new buildings in the District will be built as efficiently and climate-friendly as possible.”
“In the span of just two days, Washington Gas was handed two legal defeats as the for-profit utility corporation tries to undermine building standards that would improve public health and reduce utility bills in D.C. and Maryland,” said Sari Amiel, staff attorney with Sierra Club’s Environmental Law Program. “Thanks to today’s court ruling, D.C. will be able to move forward with its Clean Energy D.C. Building Code Amendment Act and ensure new and significantly renovated buildings are built to stronger, healthier standards.”
“These decisions offer continued reassurance to states, cities, and local governments that they can press on with electrification plans,” said Tim Oberleiton, a senior attorney at Earthjustice, a nonprofit that submitted amicus briefs on behalf of Sierra Club and Chesapeake Climate Action Network in the lawsuits. “These rulings add to the growing chorus of rejections of the Berkeley court’s poorly-reasoned decision, reaffirming state and local governments’ authority to take action to protect the health and safety of their residents against the harms associated with oil and gas.”
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