The federal district court for the Central District of California ruled that the Energy Policy and Conservation Act did not preempt the South Coast Air Quality Management District’s rule setting a zero-nitrogen oxide (NOx) emission standard for certain categories of natural gas appliances. Although the court agreed with the plaintiffs that the rule would effectively ban use of covered gas-fueled boilers and water heaters, the court concluded that because the rule concerned pollution emitted by the appliances, and not how much energy they use, it was outside the scope of the Ninth Circuit’s <a href="https://climatecasechart.com/case/california-restaurant-association-v-city-of-berkeley/">holding</a> that EPCA preempted the City of Berkeley’s ordinance prohibiting installation of natural gas piping in new buildings.

Lawsuit to enjoin a rule phasing in zero-emission limits for nitrogen oxides from certain water heaters, boilers, and process heaters.

Rinnai America Corp. v. South Coast Air Quality Management District

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California Federal Court Found No EPCA Preemption of Zero-NOx Standard for Certain Natural Gas-Fueled Appliances

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California Federal Court Found No EPCA Preemption of Zero-NOx Standard for Certain Natural Gas-Fueled Appliances

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