Mulhern Gas Co. v. Mosley

On November 12, 2025, the New York Secretary of State and the plaintiffs challenging New York laws banning natural gas appliances and infrastructure in certain new buildings filed a stipulation in the federal district court for the Northern District of New York in which the Secretary of State agreed to suspend the January 1, 2026 effective date for the regulations implementing the prohibition. The suspension is to remain in place pending final disposition of the appeal in the Second Circuit of the district court’s ruling that the federal Energy Policy and Conservation Act did not preempt the laws’ prohibitions, as well as during the disposition of any timely petition for writ of certiorari. The suspension will terminate 120 days after the issuance of the mandate of the Second Circuit if no writ of certiorari is sought; and if a party petitions for Supreme Court review of the Second Circuit decision, the suspension will remain in place until either 120 days after the Supreme Court denies the petition for writ of certiorari or, if the petition is granted, 120 days after the sending down of the Supreme Court’s judgment. The plaintiffs agreed to withdraw their motion in the district court for an injunction pending appeal and not to seek an injunction pending appeal in the Second Circuit.