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The Climate Litigation Database

Maryland Building Industry Association v. McIlwain

About this case

Filing year
2025
Status
Motion to dismiss filed.
Docket number
8:25-cv-00113
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Maryland (D. Md.)
Case category
Constitutional Claims (US)Other Constitutional Claims (US)Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesEnergy Policy and Conservation Act (EPCA)United StatesSupremacy Clause
At issue
Lawsuit asserting that federal law preempted the Maryland Building Energy Performance Standards.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
04/01/2025
Motion to dismiss filed.
The Secretary of the Maryland Department of the Environment filed a motion to dismiss a lawsuit challenging the Maryland Building Energy Performance Standards as preempted by the Energy Policy and Conservation Act (EPCA). The Secretary argued that EPCA’s statutory language did not support preemption. The Secretary also argued that the Ninth Circuit’s decision holding that EPCA preempted the City of Berkeley’s prohibition on natural gas infrastructure in new buildings was wrongly decided and that, in any event, it did not apply to the Maryland standards because the standards were not a building code for new construction and also not a prohibition on the use of gas-powered appliances.
Motion To Dismiss

Summary

Lawsuit asserting that federal law preempted the Maryland Building Energy Performance Standards.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance