New York is inching closer to making history — and not in a way many residents are celebrating.
On Wednesday, U.S. District Judge Glenn Suddaby refused to block New York’s upcoming ban on natural gas connections in new homes and buildings, rejecting a challenge from business groups and unions who say the law will gut their industries and drive up costs for homeowners. The ruling brings the state one step closer to becoming the first in the nation to outright ban fossil fuel hookups in new construction.
The case stems from a 2023 lawsuit brought by a coalition of small businesses, trade associations, and unions. They argue that the ban, set to take effect Jan. 1, is preempted by federal law — namely, the Energy Policy and Conservation Act — and will devastate revenue streams for gas installers, contractors, and equipment suppliers.
“The ban presents an existential threat for the small, family-owned businesses in New York that sell, install, and service gas equipment,” the plaintiffs wrote in their complaint.
Judge Suddaby disagreed with their preemption claims for now, ruling that the state’s prohibition does not conflict with federal law. Still, he did leave the door open for further argument, giving the plaintiffs 21 days to provide “a persuasive reason” why the case should move forward before issuing a final dismissal.
Governor Kathy Hochul, who has championed the gas ban as a cornerstone of her climate agenda, argues it’s about public health and reducing New York’s carbon footprint. Critics, however, call it exactly what it looks like: government overreach dressed up as climate policy. Republican lawmakers and construction industry leaders warn that banning natural gas won’t meaningfully impact global emissions but will hammer middle-class families with higher energy costs and strip consumers of choice.
Even trade groups are escalating the fight. The New York State Builders Association recently urged state Attorney General Pam Bondi to challenge the ban under President Donald Trump’s executive order aimed at protecting American energy from state-level overreach, calling the policy “unconstitutional and ideologically driven.”
New York isn’t alone — California and Washington are also pursuing similar restrictions — but it’s the first to enshrine a fossil fuel ban through legislation. Yet a similar ordinance in Berkeley, California, was already struck down by the 9th U.S. Circuit Court of Appeals, suggesting New York’s law could be vulnerable on appeal.
For now, though, Hochul’s gas ban is still on track for January.
