Appeals court upholds New York gas ban

July 1, 2026 By Brian Richesson 0 Comments

The 2nd U.S. Circuit Court of Appeals has ruled against a National Propane Gas Association (NPGA) coalition challenging New York’s ban on gas appliance installations in most new buildings across the state.

The coalition, including the New York Propane Gas Association and Mulhern Gas of Hudson, New York, reached a settlement with the state late last year that suspended the gas ban until the conclusion of the appellate litigation. The state’s All-Electric Buildings Act was set to take effect Jan. 1, 2026.

In its decision, the 2nd Circuit held that the Energy Policy and Conservation Act (EPCA), the federal law governing national energy conservation standards for covered appliances, does not preempt New York’s law. In doing so, NPGA explains, the court reached a conclusion that conflicts with the 9th Circuit’s earlier decision on the same legal question, creating uncertainty regarding the scope of EPCA’s federal preemption and underscoring the need for greater clarity in federal law.

“I’m deeply disappointed with this decision,” says Stephen Kaminski, NPGA president and CEO. “Consumers across New York deserve access to clean, reliable and affordable energy, along with the freedom to choose the energy source that best meets the needs of their families.

“We believe this decision misinterprets the scope of EPCA’s federal preemption provisions and, if allowed to stand, will limit the energy choices available to future homeowners and businesses constructing new buildings across New York,” he adds. “The consequences will be felt most acutely in upstate and other rural communities, where reliable heating and hot water are essential during sub-zero winter conditions.”

NPGA says it has begun consulting with legal counsel to evaluate its options, including the potential for further appellate review. The ban is stayed through the end of all available appeals as per an agreement between NPGA’s coalition and the New York secretary of state’s office, according to the association.

NPGA initially reported the verdict through a member alert.

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