U.S. District Court Upholds D.C.’s Clean Energy Building Code

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.”  

###

Advocates Applaud District Court Decision Upholding Montgomery County’s All-Electric Building Code

Federal ruling affirms state authority to cut pollution, lower energy costs, and advance healthier buildings

 

MONTGOMERY COUNTY, MD —The United States District Court for the District of Maryland today rejected Washington Gas’s challenge to Montgomery County’s Comprehensive Building Decarbonization Ordinance, which would require all-electric building standards for new construction by the end of this year, marking a major victory for efforts to, improve energy efficiency, protect public health, and reduce greenhouse gas emissions. The ruling closely tracks recent decisions in New York, underscoring an emerging consensus among courts that these policies are legally sound and casting further doubt on the Ninth Circuit decision of California Restaurant Association v. City of Berkeley, which struck down a similar ordinance.

In response to today’s decision, a coalition of environmental organizations released the following statements: 

“Today’s court decision is a victory for advocates who have tirelessly fought to ensure Montgomery County’s homes and buildings are increasingly electrified and energy efficient, leading to healthier indoor air and lower utility bills,” said Sari Amiel, staff attorney with Sierra Club’s Environmental Law Program. “This ruling reflects a growing consensus that all-electric building standards, like those in Montgomery County, are legally sound.”

“Four years ago, Montgomery County passed landmark legislation that would ensure new homes and buildings are constructed with the latest efficient electric equipment that lowers energy costs and enhances indoor comfort,” said Anne Havemann, deputy director and general counsel at the Chesapeake Climate Action Network. “Today’s ruling upholding the legislation is a win against powerful fossil fuel interest groups who were trying to dismantle the law just to keep their profits flowing. It also sends a clear message that more communities should  advance robust decarbonization policies, knowing that the law is on their side.”  

“The federal court rightly rejected Washington Gas’ and its industry allies’ attempt to halt commonsense local action to reduce pollution, energy costs, and improve our energy future. At a time when buildings are a leading source of climate and health-harming pollution across Maryland, ordinances like Montgomery County’s are essential to delivering clean air and affordable energy,” said Tim Oberleiton, senior attorney for Earthjustice. “The fossil fuel industry’s coordinated attacks are about preserving profits, not protecting people. Today’s ruling is yet another in a string of rulings across the country that send a strong message that efforts to undermine healthy building standards will not stand and communities across the country can move forward with confidence in advancing efficient and affordable all-electric buildings.”

###

With Funding Secured, Maryland Moves Forward with Landmark RENEW Act Study on Climate Damages

Today’s actions by Maryland Comptroller’s Office represent the final step before work can begin on the study to determine how much climate change is costing Maryland 

 

ANNAPOLIS, MD — Maryland Comptroller Brooke Lierman announced today that the Comptroller’s Office has allocated the necessary funds to begin studying how much climate change impacts are costing the state. Maryland’s leadership is united in support of the RENEW Act study. Governor Moore has given his express support for the study and worked to ensure it was funded. A supermajority of state lawmakers in both chambers have voted to support the study on two separate occasions, and the Comptroller’s office is eager to begin the process. 

Passed in 2025, the RENEW Act study bill required a comprehensive analysis of climate damages in the state to be completed by December 2026. With today’s announcement, the work of completing these calculations and determinations has begun. This work will tee Maryland up in 2027 to require out-of-state fossil fuel companies to compensate Maryland for climate damages. 

“Climate change is increasing the frequency of extreme weather events like the tornadoes we saw yesterday,” said Brittany Baker, Maryland Director of the Chesapeake Climate Action Network. “We can point to historic flooding, heat waves, and other impacts, but we have never added up all the costs before. That’s the process we begin today so we can make sure polluters, not Maryland taxpayers, are covering the costs of climate change.” 

“It’s about time that the state holds polluters accountable for the health and environmental damages they’ve caused millions of Maryland families,” said Jorge Aguilar, the Southern Region Director at Food & Water Watch. “This study is a great first step toward ensuring that we are making polluters pay.”

“It’s about time that the highest contributors of pollution are held accountable, and we look forward to seeing where this goes,” said Nick Johnson, owner of Su Casa Furniture in Ellicott City. Nick’s storefront was destroyed by both of the once-in-a-thousand-year rain events that flooded Ellicott City in 2016 and 2018.

# # #

Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. Founded in 2002, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, DC.

SCC Approves Chesapeake Compressor Station, Ignores Community Voices and Environmental Justice Realities

Decision disregards overwhelming public opposition and deepens fossil fuel footprint in historically Black neighborhoods.

CHESAPEAKE, VA — The Virginia State Corporation Commission (SCC) approved Virginia Natural Gas’s proposed Chesapeake Compressor Station, a project long opposed by residents of nearby historically Black and working-class neighborhoods who have called it a clear violation of Virginia’s environmental justice commitments. The SCC’s order claims that the Commonwealth’s Environmental Justice (EJ) policy had been met, a finding that stands in sharp contrast to extensive community testimony, public comment, and even the Commission’s own staff report.

A 2025 SCC staff report found that 134 of 151 comments filed opposed the project, identifying multiple EJ communities and existing pollution hotspots within the compressor station’s impact zone. The report explicitly warned that approval “may not be reasonable at this time,” given the compounded environmental burdens in the area. The project, part of the larger Virginia Reliability Project expansion, has faced backlash from residents, civic leagues, and faith leaders across Chesapeake. Community members warned that the compressor station will endanger public health through air and noise pollution and safety risks, and exacerbate climate pollution.

Chesapeake Climate Action Network Hampton Roads Organizer, Michelle Ueltschi,  released the following statement:

“This decision disregards the voices of hundreds of Chesapeake residents who have spent years saying no to pollution. Calling this facility an example of environmental justice because the compressors are electric rather than gas-powered is a gross distortion of the term. True environmental justice means communities in Chesapeake are not turned into sacrifice zones for corporate gas expansion and valuing community voices that are saying no to any new fossil fuel expansion, no matter how it’s painted. This is a clear example of the urgent need for greater agency accountability and for regulators to truly listen to communities impacted by fossil fuel projects. ”

#   #   #

Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. Founded in 2002, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, DC.