On August 26, 2026, the Second Circuit Court of Appeals denied petitions for rehearing en banc of its opinion holding that the Energy Policy and Conservation Act (EPCA) did not preempt New York State and New York City building electrification requirements. Both petitions argued that rehearing en banc was warranted to rectify the circuit split created by the panel’s decision, which rejected the Ninth Circuit’s interpretation of <a href="https://www.climatecasechart.com/collections/california-restaurant-association-v-city-of-berkeley_cfec1d">California Restaurant Association v. City of Berkeley</a> and also contradicted the <a href="https://www.climatecasechart.com/documents/association-of-contracting-plumbers-of-the-city-of-new-york-v-city-of-new-york-amicus-brief_7226">federal government’s interpretation</a> of EPCA. The petitions also argued that the panel decision was wrong because “EPCA’s plain text preempts the challenged bans because they effectively impose energy conservation standards that cap covered appliances’ energy use at zero.” The deadline for filing a petition for writ of certiorari in the U.S. Supreme Court is November 24, 2026.

Challenge to New York laws banning natural gas appliances and infrastructure in certain new buildings.

Mulhern Gas Co. v. Mosley

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Second Circuit Denied Rehearing En Banc of Decision that Federal Law Did Not Preempt New York State and New York City Building Electrification Requirements

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Second Circuit Denied Rehearing En Banc of Decision that Federal Law Did Not Preempt New York State and New York City Building Electrification Requirements

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