The federal district court for the District of Maryland ruled that the Energy Policy and Conservation Act (EPCA) did not preempt the building decarbonization law enacted by Montgomery County, Maryland. The law mandates issuance of new building codes and regulations requiring “all-electric buildings” for new construction and major renovations. The court concluded that EPCA’s preemption provisions did not apply to the County law because the law did not regulate “energy use” at the “point of use.”

Challenge to Maryland county's local law banning use of gas appliances in new construction.

National Association of Home Builders of the United States v. Montgomery County

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Maryland Federal Court Rejected Preemption Challenge to Montgomery County Building Decarbonization Law

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Maryland Federal Court Rejected Preemption Challenge to Montgomery County Building Decarbonization Law

Policy instrument

Fossil fuel

Economic sector